Leases of shooting rights over land

Leases of rights to shoot over land are commercially important in Scotland. The question of whether these remain effective if the land is sold, in other words whether these rights are real and bind successor landlords has proved an elusive one. There is a considerable amount of conflicting case law and commentary on the subject. This article is the first to analyse the subject comprehensively. It reaches the conclusion that the tenants’ rights under such leases are not real and recommends statutory intervention to address this.