We have two sections of frequently asked questions (FAQs). The first deals with common questions we get about rights of way and the second deals with the new statutory rights of access created by Part 1 of the Land Reform (Scotland) Act 2003.
Rights of way have been in existence since time immemorial. They are created by people using the same route for a number of years without challenge. Traditionally rights of way law has been formed in the courts so there is much more case law about them than statutory legislation.
The Land Reform (Scotland) Act 2003 (which came into force in 2005) gives everyone rights of access over land and inland water throughout Scotland, subject to specific exclusions set out in the Act and as long as they behave responsibly. These rights are sometimes referred to as 'freedom to roam'.