Malcolm M Combe, The Scotways Guide to the Law of Access to Land in Scotland

Pages285-286
DOI10.3366/elr.2019.0560
Author
Published date01 May 2019
Date01 May 2019

In the year 1845 – a date nearer to the Union than to our own times – was founded a society that has contributed much to the public good of Scotland: the Scottish Rights of Way Society. Incorporation followed 101 years later. Today the society bears two names, one official and long, “the Scottish Rights of Way and Access Society”, and the other, unofficial but snappy and (on the perhaps unwise assumption that this reviewer is capable of identifying such a thing) trendy: “ScotWays”.

In the 1980s it began to publish a guide to the law. It started with a twenty-eight page pamphlet by Sandy Anton called Rights of Way: A Guide to the Law in Scotland (1986). A revised version appeared in 1991. In 1996 Douglas Cusine brought out a second edition, of forty pages, and ten years later there was a third, by Roddy Paisley, running to eighty-eight pages, and with a revised title: Access Rights and Rights of Way: A Guide to the Law in Scotland. What had begun as a pamphlet had morphed into a book. Today, with yet another change to the title, and, for the first time, a publisher other than the society itself, the work has attained 174 pages. Although not identified as a fourth edition, it could perhaps be so characterised, for, whilst in many ways it is a new book, there is also much text that has been brought forward from earlier versions. The four successive authors, Anton, Cusine, Paisley and Combe, have something in common, as well as their knowledge of the subject: all of them being distinguished Aberdeen academics.

The Scotways chair, Muriel Robertson, writes in the foreword that the book “is intended for members of the public, landowners and managers, access professionals and legal advisers” (9). That is a challengingly broad and diverse readership. Yet the book succeeds. On the one hand, it is accessible to the intelligent non-lawyer, this being achieved in a number of ways, including the use of frequent “additional information” sections that are interspersed, in small print, and which therefore are easily skippable. On the other hand, there is no dumbing-down. There is extensive and fully up-to-date reference to the burgeoning caselaw (including such recent cases as Kolhe v Robertson [2018] SC ABE 43, 2018 GWD 25–324, Manson v Midlothian Council [2018] SC EDIN 50, 2018...

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