Rights of way play an important role in outdoor access throughout Scotland. We have a duty to investigate alleged rights of way and ensure they're free from obstruction.
We consider a path to be a right of way if it meets the following criteria:
- The track must run from one public place to another public place.
- The track must follow a more or less defined route.
- The track must have been used openly and peaceably by members of the public otherwise than with the permission, express or implied, of the landowner.
- It must have been so used without substantial and effective interruption for a period of 20 years or more.
There is no duty or responsibility for us or the land owner to maintain a right of way.