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ARTICLE · 12 OCTOBER 2010

Rights Over A Public Road – Some Welcome Clarification For Developers

Semple Fraser
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The recent decision in the case of Hamilton v Nairn has clarified what constitutes a public road in Scotland, and may provide valuable support for developers in Scotland facing opposition to their development by third parties using "ransom strips" on the verges of public roads to prevent access to the developer’s land.

United KingdomReal Estate and Construction
June Gilles
June Gilles

The recent decision in the case of Hamilton v Nairn has clarified what constitutes a public road in Scotland, and may provide valuable support for developers in Scotland facing opposition to their development by third parties using "ransom strips" on the verges of public roads to prevent access to the developer's land.

The Hamiltons of the case had concluded a contract for the purchase of property adjacent to the Cutler House Road in Peterculter, Aberdeen. They had also obtained planning permission to redevelop the property as a cattery and livery stables (a business which the Hamiltons were relocating from their existing premises).

Access to the Cutler House Road property is taken by means of a track which opens into a bellmouth over the verge of the Culter House Road – a road which is adopted for maintenance by Aberdeen City Council as the local roads authority. Consent was also obtained from the Council to carry out road improvement works to the junction at this

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