FANDOM


Appeal from the Sheriff Court:- The pursuers were the landowners of an area of woodland in Fortrose. On 7 November 2005 the defenders served on the pursuers a notice under section 14(2) of the Land Reform (Scotland) Act 2003 requiring the landowner to take certain remedial action specified in the notice in relation to various provisions respecting public rights of access to land for recreational purposes. The notice required the pursuers to allow equestrian access to the track in question in addition to the existing pedestrian access which a walker had by passing through a gap between barriers and adjoining fences. By way of a summary application under section 14(4) of the 2003 Act the pursuers sought recall or variation of the notice. At proof the case advanced by the pursuers was that the purpose in erecting the barriers preventing equestrian and vehicular access was to prevent damage to their land, in particular soil erosion. The position advanced on behalf of the defenders was that it was for the access-taker to decide whether the taking of access would be responsible and it was for the horse rider to take the decision whether he could appropriately ride over the land without causing unacceptable damage and the landowner could not prejudge that issue or deprive the horse rider of the opportunity of making such a decision. Following proof the sheriff refused the summary application and it was against that decision that the pursuers appealed. The grounds of appeal related to the way the sheriff dealt with the expert evidence in relation to the anticipated soil erosion and the sheriff's interpretation of section 14 of the 2003 Act.


Full Judgement here