Public Rights of Way
For a route to be considered a public right of way, it must meet all of the following legal conditions:
- connect two public places - the route must link places accessible to the public, such as roads, villages or public paths
- follow a more or less defined route - it must have a clear and identifiable path, rather than an arbitrary or shifting course
- have been used by the public as of right - usage must be open and without needing explicit permission from landowners
- have been used without substantial and effective interruption for at least 20 years - regular and consistent use over two decades is required to establish the right of way
Our role
We have a statutory duty, under the Countryside (Scotland) Act 1967 s.46 to "assert, protect and keep open and free from obstruction or encroachment any public right of way".
Our Access and Countryside Team don't have a role in determining private vehicular rights of access or servitudes. The ScotWays website has more information on vehicular rights of way.
Establishing a right of way
Determining whether a right of way exists isn't always straightforward. In cases of dispute, it falls to the courts decide if a route meets the legal criteria.
Evidence of sustained use by the public is essential in these cases. We rely on individuals and community members to provide such documentation that evidences that a route meets all the legal conditions for a right of way. Where the status of the route is disputed, we will try to resolve the matter through discussion and negotiation rather than a potentially expensive and complex court process.
Reporting a potential right of way
If you think a route meets all four legal conditions for a public right of way but hasn't yet been recognised as a public right of way, please contact us by email outdoor.access@aberdeenshire.gov.uk or phone 01467 534333.
More information
The Scottish Rights of Way Society holds the most comprehensive records and documentation about rights of way in Scotland. If you need detailed historical records, contact the Society for more information.