Get off that land: non-owner regulation of access to land

Research output: Contribution to journalArticle

Abstract

This paper considers the right of responsible access to land conferred by Pt 1 of the Land Reform (Scotland) Act 2003 and disputes that may ensue in the exercise of those rights. The consideration will specifically exclude what might be the most common potential dispute, namely between landowner and access taker. Instead, the focus is on the tension between access takers, by which it is meant: access takers under the Act inter se; and access takers under the Act vis-à-vis other legitimate access takers. It examines the statutory regime and other areas of law that may provide guidance, before setting out possible reforms to the law, particularly in relation to dispute resolution.
Original languageEnglish
Pages (from-to)287-317
Number of pages31
JournalJuridical Review
Volume2014
Issue number4
Publication statusPublished - 2014

Keywords

  • Land Reform (Scotland) Act 2003
  • land law
  • land reform

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Malcolm COMBE

  • Law - Senior Lecturer

Person: Academic

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