Rights of Way play an important role in outdoor access throughout Scotland. The council has a duty to investigate alleged rights of way and to ensure that they are 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.
Neither the Council nor the land owner has a duty or responsibility to maintain a Right of Way.