Public Access Rights Flashcards
Gloag v Perth & Kinross Council
- Declaratory for 14 of 23 acres was successful
- This was exempt from access rights
Snowie v Stirling Council
- Declaratory sought for 70 acres
- 12.6 acres was deemed appropriate by sheriff
Tuley v Highland Council
- LA used enforcement powers to prevent horses on certain tracks
Aviemore Highland Resort Ltd v Cairngorms
- Fence put up pre LR(S) Act 2003
- Held: fence did not disobey act – public access prohibition on signs (s14)
Creation steps for public right of way?
- fixed route
- uninterrupted between 2 public place
- 20 years use (positive prescription - 1973 Act)
Rhins District Committee v Cunninghame
Public right of access must be entire length of the route
Marquis of Bute
Public right of access: lesser level of use required in rural setting
Cumbernauld v Kilsyth DC
Public right of access: greater level of use required in urban setting
Allan v MacLachlan
Landowner not under duty to repair the route
Wills Trs v Cairngorm Canoeing
- Right of navigation can be established by 40 years of use.
- River was navigable here so public right flowed.
Crown Estate Commissioners v Fairlie Yacht
- Interdict against fixed moorings.
- Navigation is moving boat through water, acts reasonably ancillary included
Walford v David
Interdict for fish cages refused. Enforcement of regalia majora (water) can only flow from “material interference”.
Inverurie Magistrates v Sorrie
Interdict can be obtained if trespass is reasonably likely
Harvie v Turner
Damages for trespass – liability must be fault based. Successful claim due to foreseeable consequence (bull serving cows)
Forest Property Trust v Lindsay
- Interim interdict recalled. No obligation to heard sheep
- Not viable to employee shepherd
