A businessman who wanted to ban ramblers from his estate has lost his legal attempt to have 40 acres around his house in Kippen, Stirlingshire, exempt from right-to-roam legislation.

In a landmark judgment under the 2003 Land Reform (Scotland) Act, Sheriff Andrew Cubie ruled that Euan Snowie and his wife Clare had demanded that “far too much” land be made private, saying he found expert evidence of a threat to the Snowie family's security “wholly unreliable”.

Mr Snowie, 39, who made his fortune in the waste disposal business, claimed his family would be put at risk of kidnap unless the entire unforested portion of his 70-acre Boquhan estate was excluded from access rights.

Ann Gloag, the founder of the transport company Stagecoach, became the first private landowner in Scotland to seek exemption from the right-to-roam laws last year. She succeeded in getting ramblers banned from Kinfauns Castle, in Perthshire.

In the latest case, Sheriff Cubie questioned Mr Snowie's testimony and that of a witness, Joseph Holden, a former chief superintendent with Central Scotland Police and the author of a report on security on the estate.

The court judgment read: “Mr Snowie's position appeared to be that if someone was not courteous to him then they could not be a genuine recreational walker.” Sheriff Cubie went on: “I thought his evidence was characterised by an almost instinctive reluctance to accept that any access taker could be genuine, or to say anything that might not wholly suit his case.”

The sheriff said of Mr Holden: “His evidence was given in a way that demonstrated a commitment to giving evidence entirely favourable to the pursuers, whatever the factual position. I find the evidence of the perceived security threat to be wholly unreliable.” The sheriff added that Mr Holden “failed to approach the matter with the objectivity which the court is entitled to expect from a purportedly independent expert.”

Mr Snowie bought the estate after his family firm was sold to an Irish company for a reputed £40million. Snowie Ltd had been paid £38million for the cleanup and disposal of millions of cattle carcasses after the foot-and-mouth crisis in 2001.

The sheriff's decision allows public access to paths and tracks round the estate and the historic Prince's Well, where the Young Pretender watered his horse. But the public will be banned from an estimated 13 acres. including lawns, rose gardens, tennis courts, a showjumping arena, fish ponds, dovecot and riding stables.

Mr and Mrs Snowie began to deter access two years ago. The carriage gates to their estate were locked on September 19, 2005 and have remained locked since. Stirling Council, reacting to complaints, issued the Snowies with a notice under the Act, requiring them to unlock one of the gates adjoining the main gates.

A spokesman for Mr Snowie said that he was consulting his legal team.

Brian Devlin, director of environment services at Stirling Council, said: “We are pleased that the council's position has been vindicated in all respects in their efforts to ensure that access legislation works as it was intended.”

The Ramblers Association also welcomed the ruling. Its Scotland president, Dennis Canavan,said that the ruling “sent a message to all owners of big estates”.

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