Site Directory
Leisure, Culture and Tourism
Paths and Outdoor Access
Rights of Way (ROWs)
In Scotland, public rights of way (ROWs) may be created by use over a period of time. Conversely they can be lost by non-use. A public right of way can be claimed to exist where the route in question satisfies certain conditions. It must:
- connect two public places
- follow a more or less defined route
- have been used by the public as of right
- have been so used without substantial and effective interruption for at least 20 years
Today ROWs are predominantly used for:
- recreational walking
- cycling
- horseriding
They often reflect the character of their historic origins (e.g. routes to church, school, boat landing or cattle fair).
Records and Signposting
Many claimed ROWs exist without formal record or signposting.
Some may be uncertain, disputed and/or difficult to follow.
Some have been "asserted" (by signposting or other publicly accepted action) and a few have been "vindicated" (through legal proceedings). Some Community Councils monitor ROWs in their areas. Local knowledge is often the most comprehensive source of information.
At present local authorities in Scotland are not statutorily obliged to keep a list or map of public rights of way.
Aberdeenshire Council has details of some ROWs but no fully comprehensive or definitive record exists.
For Aberdeenshire the most comprehensive public document is the Catalogue of Rights of Way (CROW), produced by the Scottish Rights of Way Society and Scottish Natural Heritage in the 1990s on a 1:50 000 scale Ordnance Survey Landranger base map. Copies of the CROW sheets for Aberdeenshire are held by the Council and may be viewed at relevant Council offices (see Contact Us for details).
The CROW information is advisory only, and is neither fully comprehensive nor legally definitive
Disputes
Resolution of ROW disputes can be a time-consuming process.
As the local planning authority, the Council is statutorily obliged to "assert, protect and keep open and free from obstruction or encroachment any public right of way" (Countryside (Scotland) Act 1967 s.46).
This means that the Council must take legal steps to keep the routes open, eg by negotiation or by taking legal action in court. It does not mean that the Council is obliged to physically remove obstructions from a ROW.
Disputes can often be resolved through systematic consultation with land managers and path users. Site-specific matters may be discussed with the Council's access staff, preferably by appointment (see Contact Us for details).
Advance contact by letter or e-mail will assist staff in providing an efficient response. A charge may be made for legal enquiries or for lengthy responses.
