Core paths and public rights of way are both key elements of Scotland’s outdoor access network, providing varied routes that connect people with our country’s rich natural landscapes. In broad terms, both give access across land in Scotland for particular purposes but individually they have unique features such as how they are created, who can use them and who is responsible for maintaining them. Here is a brief summary of both types of access route and the important differences that landowners and members of the public should be aware of.

Core Paths

A Core Path is a route that is part of a network designated as such by the local authority under the Land Reform (Scotland) Act 2003 (the Act that originally established Scotland’s famous public access rights, or “right to roam” as it is colloquially known). Under that legislation, every local authority in Scotland was required to draw up a plan for a system of paths to give the public reasonable access throughout their area. In common with Public Rights of Way, Core Path routes have a protected legal status.

Purpose and Use

Core Paths are intended to provide public access to the outdoors, connect communities, promote recreation, and encourage healthy lifestyles. Core Paths can include a variety of routes such as footpaths, cycle tracks, bridleways and waterways, and they can traverse diverse landscapes from urban areas to remote rural regions.

Whilst Core Paths are designated for non-motorised use by the public, motorised wheelchair and mobility scooter users are entitled to use Core Paths where it is safe and appropriate to do so.

Responsibilities of the Public

As with all access rights created under the 2003 Act, the public must exercise responsible behaviour when using Core Paths and are expected to respect the interests of others, the environment and take responsibility for their own actions. Anyone not doing so can be asked to change their behaviour or leave the route.

Maintenance of Core Paths

Whilst local authorities are required to designate the route of Core Paths and to ensure they are not illegally obstructed, they do not have a statutory duty to create, maintain or signpost them. In practise, most councils do try to work with private landowners and other stakeholders to assist in keeping core paths in useable condition, but limited budgets can mean that the burden of path creation, ongoing maintenance and signage often falls almost entirely on the landowner.

If closure of a Core Path is required to facilitate repair, development or utilities work, the local authority will often provide onsite information indicating the reason for closure, timescales involved and alternative routes where available.

Local authorities should review Core Paths plans and make amendments as may be dictated by local development or area changes, which can include the addition and removal of routes.

Mapping

Core Paths are not specially highlighted on Ordnance Survey maps, although many of them do appear on the maps as paths and tracks. If you want to check the location of a Core Path, you can find an online portal showing all Core Paths on the NatureScot website.

Public Rights of Way

Public Rights of Way are specific routes over which the public has a legally protected right to pass for the purposes of travelling between two public places. These rights of way are distinct from Core Paths and the broader access rights established under the 2003 Act, in that they have been established under common law and are not governed by any one single statute.

Purpose and Use

Public Rights of Way are historic in nature and have four essential criteria which must be evidenced. The route must:

  • Connect one public place to another;
  • Follow a more or less defined route which is clear and consistent;
  • Have been used by the general public as a matter of right (rather than with the landowner’s consent), openly and peacefully; and
  • Have been used continuously for at least 20 years.

Public Rights of Way are quite distinct from Core Paths in that not every person will automatically have a right to use them. As the vast majority of Public Rights of Way are created by prescription, how the route has been used over the 20 year period will determine who has a right to use a Public Right of Way. For example:

  • Pedestrian only use allows continued use by pedestrians only;
  • Pedestrian and horse rider use allows continued use by both; and
  • Pedestrian, horse rider and vehicular use allows continued use by all three classes.

Generally, a route will have been established by pedestrian use and so it can be assumed pedestrians will have a right to use a Public Right of Way without making further enquiries.

As public rights of way are created through continuous use over a period of more than 20 years, it is also possible for the right to be lost by non-use for over 20 years.

Maintenance

Due to their nature, no specific person or body is responsible for maintaining a Public Right of Way. It is entirely at the discretion of a landowner, public authority or path user as to whether they choose to maintain and repair a Public Right of Way.

Where a Public Right of Way is obstructed, any member of the public may take enforcement action but more often than not, a court order will be required for true enforcement.

Mapping

There isn’t a legislative requirement for a definitive list of Public Rights of Way in Scotland and whilst some may appear as paths or tracks, the routes aren’t specially highlighted on Ordnance Survey maps. There is however a catalogue of recorded rights of way in Scotland maintained by ScotWays, and often local authorities will maintain their own records.

Conclusion

Both Core Paths and Public Rights of Way are a vital part of Scotland’s outdoor access network, providing a framework that allows people to enjoy the country’s landscapes, connect with nature, and move between communities. Whilst Core Paths and Public Rights of Way both facilitate public access over land in Scotland, not all routes benefit the general public or give an automatic right to pass over land, whether that be on foot, by vehicle or another means of non-motorised transport, and it is therefore important to be clear on the specific rules that apply to any particular access route.

Successful public use and private management of these access routes depends on an awareness of the correct legal framework that applies, as well as ongoing collaboration between landowners, local authorities and communities.

The laws governing access rights in Scotland can be complex. If you are unsure about your rights or require any advice, please do contact the Eden Legal team for further assistance and advice.