The Right to Exclude Meets the Right of Responsible Access: Scotland’s Bold Experiment in Public Access Legislation

Volume 26 No. 2

by

John A. Lovett is the De Van Dagett, Jr. Professor of Law at Loyola University New Orleans College of Law.

American property law places a high value on the right to exclude as a core principle of private ownership, but Scotland has taken a completely different approach by enacting a sweeping public recreational access right in its Land Reform (Scotland) Act 2003.

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