Rights of way in Scotland

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In Scotland a right of way is defined^[1] 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 they 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.