Right to Roam, Rights of Way & Trespass in Scotland - Key Issues for Rural Landowners

Introduction

This new virtual classroom seminar is suitable for those who act for rural landowners and others looking to understand more about the right to roam and how this impacts rural land.

The session will provide you with knowledge and practical examples of how the right to roam and public rights of way apply in Scotland, their interplay with the law of trespass, and will look at some of the case law in this area.

What You Will Learn

This live and interactive course will cover the following:

• Brief background to Part 1 of the Land Reform (Scotland) Act 2003 and the Trespass (Scotland) Act 1865
• The concept of public rights of way and the criteria for creating a public right of way
• The legal tests set out in the relevant legislation, and the exclusions from the scope of the provisions set out in the 2003 Act
• The interplay between the statutory provisions in both the Land Reform (Scotland) Act 2003, the Trespass (Scotland) Act 1865 and the common law
• Practical steps that may need to be taken when a public access dispute arises, and what to do if written notices are served by the local authority
• The methods by which an application to the sheriff court may be made for judicial determination of the existence and extent of public access rights
• Relevant case law

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.