Judges uphold right to roam decision at estate

Appeal judges have upheld a legal decision which gives the public the right to roam over land at a private estate located in Scotland’s largest national park.

Lords Carloway, Menzies and Drummond Young have ruled that the owners of the Drumlean estate in Aberfoyle, Stirlingshire, had taken action which prevented the public from legally accessing the property.

The Sheriff Appeal Court in Edinburgh ruled in April 2017 that the estate’s German owner, Reiner Brach, had not taken steps to ensure he followed the Land Reform (Scotland) Act 2003.

The legislation gives the public the right to access land responsibly.

Lawyers acting for the Loch Lomond and the Trossachs National Park Authority had gone to the court after the organisation received complaints from members of the public about the estate.

The Sheriff Appeal Court concluded the actions at the beauty spot were unlawful and upheld the authority’s appeal for public access rights.

This prompted Dr Brach, a steel trader, to appeal to the Court of Session.

In the judgement, Lord Carloway, Scotland’s most senior judge, wrote: “The appeal from the Sheriff Appeal Court fails on the central issues in dispute.”