The Land Reform (Scotland) Act 2003 grants everyone statutory access rights over all land and inland water in Scotland, subject to certain exceptions and restrictions. The Act grants both the right to be on land and the right to cross land. Given the numerous exemptions to, and restrictions in the exercise of, the rights, anyone seeking to rely on them would be wise to familiarise themselves with the Scottish Outdoor Access Code and both the land over which the rights cannot be exercised and the conduct excluded in the exercise of the rights.
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Latest articles from Stephanie Wright
Are standard securities an effective way to secure a landowner's obligations under an option agreement for a renewables development?
A standard security is most commonly used in Scotland to secure a monetary debt, such as the loan for the purchase of a property, but it is also possible for a standard security to secure obligations. Such securities are often utilised in the context of renewable energy developments to secure a landowner's obligations under an option agreement (Obligation Security). However, the law is unclear in relation to how such standard securities work and what remedies are available under them, which raises questions as to what they actually achieve in practice.