Public rights of way are traditional routes that are established under common law with no single statute governing them. 

Public rights of way do exist in Scotland and have been recognised for centuries. They continue to be important for providing people with access to the countryside. Some people are often surprised that there are rights of way in Scotland, but anyone who has journeyed though the countryside may have have used them. Many of the most famous routes in Scotland are rights of way, for example the Lairig Ghru, Glen Tilt, the Minigaig Pass, the Gaick Pass and Jock’s Road.  

Whilst the Land Reform (Scotland) Act 2003 gives a right of access, provided this is used responsibly, to most land and inland water in Scotland, there are areas that are excluded. However, rights of way may still provide public access where the statutory access rights do not apply. For example, rights of way can exist through the curtilages of working buildings such as farm steadings, and in urban areas.

Any limitations applying to the statutory access rights (e.g. for land management needs) do not apply to the use of rights of way, although when using them people should still act responsibly.

The means of limiting statutory access rights do not restrict the use of a right of way, although byelaws may affect how people can use it.

Rights of way (and rights of navigation) also provide important strategic cross-country routes. Some (such as drove roads) are of great historic interest.

Many key local rights of way have been incorporated into core path plans. However, other rights of way will often complement and extend local access beyond core path networks.

To be a right of way, a route must meet all the following conditions:

1. It must join two public places (e.g. public roads or other rights of way);
2. It must follow a more or less defined route;
3. It must have been used, openly and peaceably, by the general public, as a matter of right, i.e. without requiring landowner permission;
4. It must have been used without substantial and effective interruption for at least 20 years

Originally just part of the Common Law of Scotland, the last two conditions above are now included in the Prescription and Limitation (Scotland) Act 1973.

ScotWays works with local authorities and local communities to determine whether routes meet the above conditions, as the interpretation of the law can be contentious. Ultimately, if it is not agreed that a disputed route meets the necessary conditions to be a right of way, it is up to the courts to decide whether the criteria are met.

Scots law does not require a right of way to be recorded in a specific document. Any route that meets all the conditions to be a right of way is a right of way.  

This depends upon how a route has been used over the 20 years that lead to the route becoming a right of way.

If it was only used by people walking then it is a right of way for pedestrians. If it was used by horses then it is a right of way for horses and pedestrians. If it was used by vehicles, including carts, then it is a right of way for vehicles and horses and pedestrians.

This means you can always assume a right of way can be walked, but you can’t always assume a right of way can be used on horseback or by motorised vehicles. 

If the right of way either follows a core path or crosses land where statutory access rights apply, then you can cycle on it as long as you do so responsibly. 

If the right of way is not also a core path and if statutory access rights do not apply, then you can only cycle along it if it’s a right of way for horses, often called a bridleway or bridle path, or if there are rights for vehicles, or if there are rights for cycling either because of historic use or because it has been designated as a cycle route.

If the right of way either follows a core path or crosses land where statutory access rights apply, then you can ride a horse on it as long as you do so responsibly.

If the right of way is not also a core path and if statutory access rights do not apply, then you can only ride a horse along it if it’s a right of way for horses, often called a bridleway or bridle path, or if there are rights for vehicles. If you want to drive a carriage along a right of way then the route must be a right of way for vehicles.

You can only drive a vehicle along a right of way if it’s a right of way for vehicles. It is important to note that very few rights of way in Scotland have vehicular rights. Most that do are very short, averaging less than 1 mile. 

For more information on access to land by any motorised vehicle, read Rights Of Way and Motor Vehicles on Ken.

There is no single place on the web where you can find out about rights of way. You will find information on some of the more historic rights of way on our Heritage Paths page and can find out about particular routes, or particular areas, by contacting the ScotWays office. We offer a paid service for solicitors, developers or consultants wanting to know whether our records show any rights of way running across a piece of land.

Sometimes people ask about rights of way when they are really looking for somewhere to go. If that’s you, have a look at our #RespectProtectEnjoy article on Ken for places to visit.

The National Park and Access to the Countryside Act 1949 created definitive maps of rights of way for England and Wales. But the legislation never applied to Scotland – there is no definitive map of rights of way for Scotland. You can find out more about definitive maps over on the Ramblers website. 

Whereas there is no definitive map or legislative requirement for a record of rights of way to be kept, there are records of rights of way in Scotland. ScotWays maintains the National Catalogue of Rights of Way (CROW). Local authorities have their own records. 

Any route that meets the conditions to be a right of way is a right of way; no further action is necessary. CROW thus does not include all rights of way many of which are known only to local people and come to the notice of ScotWays when a problem arises. However, ScotWays continues to add rights of way to CROW as we hear about them.

You can read more about CROW in the Catalogue of Rights of Way section on the ScotWays website. 

It will only be a public right of way if it meets all the conditions to become a right of way. However, he may have a private right of access along this path. In which case, it should be set out in the title deeds of the properties involved.

The same planning application process operates for windfarm applications as any other sort of development proposal – take a look at our Development Proposals and Outdoor Access article on Ken. The Scottish Government provides guidance “Onshore wind turbines: planning advice” which you should read.

If the windfarm will directly affect the right of way (e.g. if the path will be blocked, or it will affect the safety of users) then this could be grounds for objection to the development. As well as objecting yourself, you are welcome to contact ScotWays, as we can check whether it is a recorded right of way, or consider whether it may meet the conditions for being a right of way. We may put in an objection too, although as a small charity we do not necessarily have capacity to comment on all planning applications which are brought to our attention. 

Outdoor access rights provide an opportunity for people to explore the countryside for the purposes of open-air recreation and education. Outdoor access rights around the world vary from country to country based on factors such as culture and legislation.  

For Scotland, the Land Reform (Scotland) Act 2003 provides a general right of access to all land and inland water (unless specifically excluded) which can be exercised for recreational, educational, and some commercial purposes.  

This statutory right of access is sometimes colloquially referred to as the “right to roam” but is arguably better described as the “right of responsible access”, as these access rights only apply if you behave responsibly (i.e. in accordance with the guidance in the Scottish Outdoor Access Code). Access rights can be exercised individually or with others, at any time, provided you respect the interests of others, care for the environment, and take responsibility for your own actions. 

Find out more about your access rights in our Public Access in Scotland – Know Your Rights Leaflet or by reading our Ken article on Rights of Access to Land.

The Land Reform (Scotland) Act 2003 required Scottish Natural Heritage (now NatureScot) to draw up the Scottish Outdoor Access Code to establish what is meant by ‘responsible conduct’, and act as a guide for both access users and landowners on how to act responsibly.  

For more on the Scottish Outdoor Access Code and it’s principles, see here: What is the Scottish Outdoor Access Code?

In England and Wales, The Countryside and Rights of Way Act 2000 (CROW Act) provides a right of access to ‘open access land’, which are open country areas including mountains, moors, heaths, downs, common land and some land around the England Coast Path. In areas where there is no right of access, a land manager may provide ‘permissive access’ to private land. This may be along a linear route or to an area, and use of these areas may have a variety of conditions attached.

The CROW Act does not apply to Scotland. The Land Reform (Scotland) Act 2003 gives a right of responsible access, which extends to the majority of land and inland water in Scotland (unless the land falls into one of the limited exceptions).

Open access land is indicated on Ordnance Survey’s Landranger and Explorer maps. There is no need for equivalent OS mapped coverage for Scotland as the right of responsible access extends to most of the country. 

For more information about open access land in England and Wales, read this page on the Ramblers Website.
 

Core paths are a system of routes designated by local authorities under the terms of the Land Reform (Scotland) Act 2003 with the purpose of providing people with a reasonable public access network. 

Core paths include rights of way, but also other paths that are important to local people and visitors. These may cross land to which access rights apply, but may also cross land where access rights do not apply. All local authorities have a duty to produce a core path plan, but no duty to sign them, create a path on the ground or to maintain them. 

NatureScot has collated a map showing Scotland’s core path network along with links to each individual access authority’s core path plan.  

If travelling by non-motorised means (e.g. cycle, foot, horse, kayak):   

• Use the general right of access, to go almost everywhere – above, below and on the surface.  
• On a right of way, but stay on the path or track if passing through an area where general access rights do not apply. In open country there may not be a visible path: stick to the general line. 
• Use core paths, whether the more general statutory access rights apply or not, but as with rights of way stay on the core path if general access rights don’t apply. 

Under the general right of access, you do not have the right to access:   

• Houses, caravans, tents and other structures giving privacy or shelter. 
• Land immediately surrounding a private dwelling, sufficient to give residents reasonable privacy and lack of disturbance within that dwelling. 
• Other buildings, works and associated structures, and the working area immediately surrounding them (curtilage).
• School grounds.
• Land with growing crops. Grass is not treated as a crop, except hay and silage in the late stages of growth. You can exercise access rights on field margins.
• Sports grounds when they are being used for their particular recreational purpose. Access rights never apply to specially prepared sports surfaces, such as golf greens, tennis courts or bowling greens.
• Visitor attractions, where the public pay for admission. 
• Land on which building, engineering, or demolition works are being carried out, or which is being used for mineral working or quarrying.
• Land where access rights have been temporarily removed by the access authority, e.g. to allow a special event to take place.
• Land that has been excluded from access rights by the government for defence or national security reasons.

In Scotland, the Land Reform (Scotland) Act 2003 provides a general right of access to all land and inland water (unless specifically excluded) which can be exercised for recreational, educational, and some commercial purposes. There is no definition of recreational purposes, but the Scottish Outdoor Access Code suggests a range of countryside activities that would be appropriate, including: 

• Cycling 
• Horse riding 
• Wild camping (for full information on this see below)

There are some activities that are not included in the above right of access. These include: 

• The use of motorised vehicles or vessels (except vehicles required by people with disabilities, such as a powered wheelchair or scooter). For more information, read our Ken article on Rights of Way and Motor Vehicles.   
• Field sports (such as fishing and shooting). 
• Any activity when with a dog or other animal which is not under proper control. 

There is a right to cross a golf course, but not of recreation on it.

For a full list of activities, see the Practical guide for all on the NatureScot website. Find out more about your access rights in our Public Access in Scotland – Know Your Rights Leaflet.

Scotland’s statutory access rights extend to wild camping, so long as it’s done responsibly. 

The Scottish Outdoor Access Code (SOAC) says:

•  Camping should be lightweight, done in small numbers and for up to 2 or 3 nights only in one place.
• Do not camp in enclosed fields of crops or farm animals.
• Camp well away from buildings, roads or historic structures.
• Leave no trace; take away all litter, remove all traces of your pitch and don’t cause pollution.

In relation to lighting fires, SOAC says:

• Wherever possible, use a stove rather than an open fire.
• If lighting an open fire, keep it small, under control and supervised.
• Never light an open fire during prolonged dry periods, and heed all advice at times of high risk.
• Never light an open fire in forests, woods or on peaty ground.
• Never light an open fire near to buildings or cultural heritage sites.
• Ensure any fire is properly extinguished and remove all traces before you leave.

Mountaineering Scotland has a Considerate Camping Campaign to help people consider the impacts of camping, both individually and cumulatively. Their website also provides practical guidance on how to be a responsible camper.

Malcolm Combe, author of the ScotWays Guide to the Law of Access to Land in Scotland, has written a Strathclyde Law Blog article on camping and public access rights.

Generally, path users, landowners and local authorities all have no duties to maintain paths, however, all three can carry out maintenance work if they so choose. 

Exceptions to this are: 

• Where an agreement has been made for one or more parties to maintain a particular path (such as by prior agreement with a landowner, or an obligation included in the title deeds to a piece of land or property).  
• Where the path has been created by particular legislation that establishes a duty to maintain it. For example, public paths created under Section 33(1) of the Countryside (Scotland) Act 1967 must be maintained by the local planning authority.
• Where the path is included on the List of Public Roads, it must be maintained by the local roads authority. 

For more information, read more about path maintenance on Ken.  

If you find an obstruction or deterrent where you believe access rights apply, you should contact the access officer at the relevant access authority. Provide them with as much information as possible about the nature and location of the obstruction or deterrent, and, if you know, also state how long it has been there, and which types of access user it affects. Contact details for all access authorities are available on the Contacts page on the NatureScot website. 

Please patiently await a response from the access officer, as most access teams are under-resourced so may take some time to get back to you. This may also be due to factors such as needing to investigate the deterrent or obstruction, or if they choose to refer the matter to the Local Access Forum for assistance. If a dispute cannot be resolved locally, then mediation could be considered or ultimately a Sheriff Court action.  

You are welcome to contact ScotWays for advice if you have further queries about the route and/or access rights, but first make sure to read over the rest of this FAQ and our articles on Ken in case it answers your question.

Find out more about your access rights in our Public Access in Scotland – Know Your Rights Leaflet.

Local Access Forums (LAFs) were set up by local authorities under the terms of the Land Reform (Scotland) Act 2003 to advise them and to offer assistance in disputes. LAFs consist of voluntary representatives from the local community with a range of interests in outdoor access. The LAF in your local area may include a ScotWays representative, but all representatives collaborate in discussing relevant access issues and promoting outdoor access locally.  

For more on what LAFs are and what they do, see the Local Access Forums page on the NatureScot website. Contact details and/or websites are listed here for many access authority LAFs.

To find out more about your own LAF, start with the above NatureScot list, and/or visit your local authority or national park authority website and search for “local access forum”. If you can’t find anything then contact your local authority access officer. 

The National Access Forum (NAF) was established by Scottish Natural Heritage (now Nature Scot) and consists of representatives from bodies interested in outdoor access. ScotWays is a member of the NAF.  

The NAF meets regularly to discuss outdoor access matters at a national level, providing a wider overview and prespective on public access than a local access forum can.  

For more information on the history of the NAF, see our Ken article What is the National Access Forum? – For more on what the NAF is and what it does, see the National Access Forum page on the NatureScot website.