{
  "url": "https://openlegislation.uk/land-reform-scotland-act-2025/schedule-2/paragraph-13",
  "json_url": "https://openlegislation.uk/land-reform-scotland-act-2025/schedule-2/paragraph-13.json",
  "legislation": "asp/2025/15",
  "legislation_title": "Land Reform (Scotland) Act 2025",
  "legislation_url": "https://openlegislation.uk/land-reform-scotland-act-2025",
  "path": "schedule/2/paragraph/13",
  "kind": "paragraph",
  "number": "13",
  "heading": "Landlord’s right of access",
  "text": "(1) The landlord of a small landholding or a person authorised by the landlord may, subject to the conditions in sub-paragraph (2), enter the holding for the purpose of—\n(a) cutting or taking—\n(i) timber, other than timber and other trees planted by the small landholder or any predecessor in the tenancy, or which may be necessary for ornament or shelter,\n(ii) peats, other than peats which may be required for the use of the holding,\n(b) accessing the shore of the sea or any loch with or without vehicles for the purpose of exercising any right of property or other right belonging to the landlord,\n(c) viewing or examining at reasonable times the condition of the small landholding including all buildings or improvements which it comprises,\n(d) using a spring of water rising on the holding in accordance with paragraph 14,\n(e) hunting, shooting, fishing or taking game, wild birds or vermin,\n(f) opening or making any other road, fences, drains and water courses,\n(g) mining, quarrying, taking, digging or searching for stone, marble, gravel, sand, clay, slate or any other mineral.\n(2) The conditions referred to are—\n(a) the landlord must give the landholder reasonable notice in writing before exercising the right of access in sub-paragraph (1),\n(b) the right of access in sub-paragraph (1) must be exercised in such a way as to minimise damage to the holding insofar as is reasonably practicable.\n(3) Notice given under sub-paragraph (2)(a) must specify the purpose for which access is to be taken.\n(4) The landlord must pay reasonable compensation to the landholder for any damage caused to the holding, including in particular loss of or damage to crops or livestock, as a result of taking access for any of the purposes referred to sub-paragraph (1).\n(5) The Land Court may, on the application of the landholder or the landlord, determine any dispute arising under this paragraph.\n(6) For the purpose of sub-paragraph (1)(e), “game” means deer, hares, rabbits, pheasants, partridges, quails, grouse, woodcocks, snipes, widgeons and teals.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 13 not in force at Royal Assent, see s. 47(2)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied by 1931 c. 44, s. 14(3) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2025/15/schedule/2/paragraph/13",
    "retrieved_at": "2026-10-29T20:11:52.301495+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}