In Scotland a
right of way is defined as any defined route over which the public
has been able to pass unhindered for at least 20 years. The route
must link two "public places", such as villages, churches or roads.
Unlike in England and Wales there is no obligation on Scottish
local authorities to signpost or mark a right of way. However the
charity Scotways, formed in 1845 to protect rights of ways, records
and signs the routes.
There is no legal distinction between footpaths and bridleways in
Scotland, though it is generally accepted that cyclists and
horseriders may follow rights of way with suitable surfaces.
The Land Reform Act (Scotland) 2003 established a general
presumption of access to all land in Scotland, making the existence
of rights of way less important in terms of access to land in
Scotland. Certain categories of land are excluded from this
presumption of open access such as railway land, airfields and
private gardens.
In Scotland,
where there is a more general right of access, Scottish Natural
Heritage developed The Scottish Outdoor Access Code:
Take responsibility for your own actions.
Respect people’s privacy and peace of mind.
Help farmers, landowners and others to work safely and
effectively.
Care for the environment.
Keep your dog under proper control.
Take extra care if you are organising a group, an event or running
a business.
The Scottish Outdoor Access Code was approved in draft form by the
Scottish Parliament in July 2003 following the passing of the Land
Reform (Scotland) Act of the same year, and was accepted in
February 2005.