Posted: Fri Jun 04, 2004 1:12 am
Urban myth warning:
It is not true to say there is no law of trespass in Scotland. It is certainly different from England, but the problem is that there is no straightforward legal definition.
There is also currently no right to roam in existence in Scotland, although the proposed Scottish Outdoor Access Code is hopefully looming close, this year supposedly.
Details of the above can be found at http://www.snh.org.uk/
Much of the early substantive text seems to have been cleaned out of the site, but it gave detailed extracts of past cases from the Scottish courts where subjects had come to grief claiming there was no trespass in Scotland, although the cases then became entagled with argument and cross-argument about what constituted trespass.
Chasing ROC posts on various kinds of land meant having at least half a clue, although I only ever met one aggressive bugger up in St.Fergus, and he was English too Better still, 2 weeks after meeting him, a tourist was was shot dead on holiday on the same estate. Glad I didn't stop to argue
It is not true to say there is no law of trespass in Scotland. It is certainly different from England, but the problem is that there is no straightforward legal definition.
There is also currently no right to roam in existence in Scotland, although the proposed Scottish Outdoor Access Code is hopefully looming close, this year supposedly.
Details of the above can be found at http://www.snh.org.uk/
Much of the early substantive text seems to have been cleaned out of the site, but it gave detailed extracts of past cases from the Scottish courts where subjects had come to grief claiming there was no trespass in Scotland, although the cases then became entagled with argument and cross-argument about what constituted trespass.
Chasing ROC posts on various kinds of land meant having at least half a clue, although I only ever met one aggressive bugger up in St.Fergus, and he was English too Better still, 2 weeks after meeting him, a tourist was was shot dead on holiday on the same estate. Glad I didn't stop to argue