Loch Lomond and Trossachs National Park Authority v Renyana Stahl Anstalt

Heritable property – Public rights of access – Restrictions on access. Sheriff Appeal Court: Allowing an appeal against a sheriff's decision to allow a landowner's appeal against a notice the appellant had served on it in terms of s 14 of the Land Reform (Scotland) Act 2003, requiring it to remove a sign and unlock three gates on its estate, the court concluded that the sheriff had erred in a number of respects, and, reviewing the evidence for itself, it held that the respondent had continued to lock the gates and have the sign in place for the main purpose of deterring people from taking access to the estate, and as such the continued locking of the gates and erection of the sign after the commencement of the 2003 Act did give rise to a contravention of s 14.

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