RAMBLERS in Scotland claimed a historic victory yesterday after a sheriff ruled that a millionaire businessman was not allowed to seal off most of his 70-acre estate.

Euan Snowie, 40, argued that he should be allowed to restrict access to Boquhan Estate in Stirlingshire, for the security of family and tenants.

The waste disposal magnate and his wife, Claire, installed electronic remote-controlled gates to prevent car access and locked a pedestrian gate on the west of the estate.

But, in a major affirmation of Scotland's "right to roam" legislation, Sheriff Andrew Cubie decreed that the 46-acre area which the Snowies wanted to restrict was excessive and that 15 acres around their £4m mansion would safeguard the family's security and enjoyment.

In his written judgment, the sheriff ruled evidence suggesting there was a security threat was "wholly unreliable" and the section of land "far too much". He criticised Mr Snowie's interpretation of the 2003 Land Reform Act.

Dennis Canavan, the former MSP and president of Ramblers Scotland, said: "This result sends a message to all landowners of big estates that people are entitled to walk on land provided they are acting in accordance with the Scottish Outdoor Access Code."

It is the second major test of the act. Stagecoach founder Ann Gloag was the first private landowner in Scotland to seek exemption from the law last year and succeeded in her application to ban ramblers from the grounds of Kinfauns Castle in Perthshire.

A legal representative for the Snowies declined to comment but the couple have the right to appeal following a further hearing on May 13.