History of Access

Between AD 78 and 185 the Romans built the first roads and installed the first signposts (milestones) across Britain. In 1713 Turnpike Trusts were set up to build and maintain roads between main settlements. The need to pay a toll to use these roads meant that people did try to avoid using them and this was probably the point at which the recreational use of roads split from utilitarian use. Between 1724 and 1767 a spinal network of military roads were built in Scotland to keep the locals under control following the odd uprising with General Wade and Major Caulfield building over 1100 miles between them.

The first mention of any dispute concerning more familiar access to the countryside is dated 1226 and centres around  Edinburgh. In 1845 the public’s interest in access rights had a major boost with the establishment of the Society for the Protection of Public Rights of Roadway in and around the City of Edinburgh by Adam Black Lord Provost of Edinburgh and of publishing fame. The society still exists today aka the Scottish Rights of Way and Access Society!

The Society’s first court action came just 4 years later in 1849 at Glen Tilt where the owner tried to deny access to a party going through the Glen. The fledging Society won the case and proved the public’s right to use ‘rights of way’. In 1884 James Bryce, a Scot who was MP for Tower Hamlets, introduced to Parliament the Access to the Mountains (Scotland) Bill – a forerunner to the Land Reform Act. However, Bryce was not successful in securing a general right of access and neither did any of the following 10 attempts until 2003.

All changed when the draft Land Reform (Scotland) Bill was introduced to the Scottish Parliament in 2001. After much debate it was passed and received Royal Assent in February 2003, leading to an exciting change to access rights in Scotland.