Rights of Way issue in Scotland
Rights of Way issue in Scotland
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ianrb

Original Poster:

1,643 posts

170 months

Wednesday 16th December 2015
quotequote all
Is there anyone here who is familiar with rights of way, i.e. footpaths, legislation for Scotland? Have a bit of an evolving issue with a farmer who has decided to close an existing footpath.

Thanks.

OscarIndia

1,216 posts

202 months

Wednesday 16th December 2015
quotequote all
Scottish right to roam means people can walk where they like pretty much!

ianrb

Original Poster:

1,643 posts

170 months

Wednesday 16th December 2015
quotequote all
OscarIndia said:
Scottish right to roam means people can walk where they like pretty much!
Well that's the theory. But in practice if a farmer builds a wall and a barbed wire fence where there once was a gate it becomes difficult to roam. It's getting the farmer to recognise that he has some responsiblities, as well as some rights.



hidetheelephants

36,164 posts

223 months

Wednesday 16th December 2015
quotequote all
The council is your first port of call. Is the RoW marked on ordnance survey maps?

anonymous-user

84 months

Wednesday 16th December 2015
quotequote all
hidetheelephants said:
The council is your first port of call. Is the RoW marked on ordnance survey maps?
Council if it is a public right of way.

If it's a private right of way then a chat with the farmer, fingers crossed he agrees if not then either forget about it or lawyer up.

rgf100

86 posts

135 months

Wednesday 16th December 2015
quotequote all
Your local council should have an an access officer - find her or him here
http://www.snh.gov.uk/docs/A1243959.pdf

Also, if it's a popular rambling or hillwalking route, anything like that, get the Ramblers or similar groups onto it.

ianrb

Original Poster:

1,643 posts

170 months

Wednesday 16th December 2015
quotequote all
rgf100 said:
Your local council should have an an access officer - find her or him here
http://www.snh.gov.uk/docs/A1243959.pdf

Also, if it's a popular rambling or hillwalking route, anything like that, get the Ramblers or similar groups onto it.
Thanks, that PDF has the contact details I need. They'll have an email in their inbox tomorrow morning.


battered

4,088 posts

177 months

Wednesday 16th December 2015
quotequote all
As others say, local access officer. There is a procedure for re-routing RoW but it's arduous. There is also a process by which the authorities can order you to take down a fence if it blocks a RoW on your land. If you don't, they will, with a JCB, and send the landowner the bill.

The authorities have experience of people taking the piss with RoW, it's too bloody easy to block them off after all. You can't do it with a road (try it and see what happens!) so you cant do it with a FP either.

anonymous-user

84 months

Wednesday 16th December 2015
quotequote all
rgf100 said:
Your local council should have an an access officer - find her or him here
http://www.snh.gov.uk/docs/A1243959.pdf

Also, if it's a popular rambling or hillwalking route, anything like that, get the Ramblers or similar groups onto it.
Even if it's not a popular route and you have issues that aren't readily resolved definitely involve them. They are unbelievably tenacious.


hidetheelephants

36,164 posts

223 months

Wednesday 16th December 2015
quotequote all
desolate said:
Council if it is a public right of way.

If it's a private right of way then a chat with the farmer, fingers crossed he agrees if not then either forget about it or lawyer up.
Not sure what you mean? If it's private it's not a RoW.

battered

4,088 posts

177 months

Wednesday 16th December 2015
quotequote all
He means a "permissive path" that a landowner has allowed to be used for historic, common practice or convenience reasons. These can be closed off if the landowner changes his mind, though I'm not sure what the process is.

anonymous-user

84 months

Wednesday 16th December 2015
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battered said:
He means a "permissive path" that a landowner has allowed to be used for historic, common practice or convenience reasons. These can be closed off if the landowner changes his mind, though I'm not sure what the process is.
I didn't mean a permissive path.

I meant a prescriptive right of way, earned by years of use or an easement that has been bought and paid for.

grumpyscot

1,293 posts

222 months

Saturday 19th December 2015
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ATAIK, a farmer is allowed to close off a "right of way" to protect crops, or where there is livestock - e.g. sheep, cattle or horses etc that might be endangered or might endanger the public. But anyone with a bit of sense would walk round the edge of a cropped field, and would strongly avoid being in a field with cows!

ianrb

Original Poster:

1,643 posts

170 months

Sunday 20th December 2015
quotequote all
grumpyscot said:
ATAIK, a farmer is allowed to close off a "right of way" to protect crops, or where there is livestock - e.g. sheep, cattle or horses etc that might be endangered or might endanger the public. But anyone with a bit of sense would walk round the edge of a cropped field, and would strongly avoid being in a field with cows!
From my non-expert reading of the legislation they can restrict access, but must make reasonable efforts to allow walkers to pass. Which makes a nice grey area. In the particular instance I'm looking at the field appears to be a paddock for some horses.

And why are you so concerned about cows? If they don't have small calfs with them and if you don't have a dog with you they are generally very placid animals.


anonymous-user

84 months

Sunday 20th December 2015
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Scottish Farmer in 'get o'ma laaaand' shocker.

Corbeliere

771 posts

149 months

Sunday 20th December 2015
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ianrb said:
From my non-expert reading of the legislation they can restrict access, but must make reasonable efforts to allow walkers to pass. Which makes a nice grey area. In the particular instance I'm looking at the field appears to be a paddock for some horses.

And why are you so concerned about cows? If they don't have small calfs with them and if you don't have a dog with you they are generally very placid animals.
In the past 15 years 74 people have been killed by Cattle. Some of those were Farmers.

anonymous-user

84 months

Sunday 20th December 2015
quotequote all
Corbeliere said:
In the past 15 years 74 people have been killed by Cattle. Some of those were Farmers.
So apart from the calves and dogs alls hunky dory

ianrb

Original Poster:

1,643 posts

170 months

Sunday 20th December 2015
quotequote all
Corbeliere said:
In the past 15 years 74 people have been killed by Cattle. Some of those were Farmers.
So about 5 people per year are killed by cattle. Without putting that in context of what the people were doing and how many people cross fields containing cattle it means nothing.



Marvtec

421 posts

189 months

Monday 21st December 2015
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ianrb said:
So about 5 people per year are killed by cattle. Without putting that in context of what the people were doing and how many people cross fields containing cattle it means nothing.

What it means is that there is a proven risk of being killed by cattle when being in the same vicinity as them. Personally I like to minimise the risk of being killed so in the same way I prefer not to walk out into the road without checking traffic, or cut up HGV's, or go to Syria.

As a keen walker I see plenty of instances of cattle which certainly aren't placid, dairy cattle in particular. Also farmers often ignore the rules on which cattle are allowed in fields which have ROW's through them.