• Text size      
  • Send this article to a friend
  • Print this article

Arbitration system needed to ensure fair access to ancient rights of way

For millennia, packmen and drovers have crossed the country, on foot or horseback, following ancient routes used by right and often worn deep into the soil ("Ramblers call for arbitration over disputes", The Herald, January 15).

In modern days travel for necessity has been replaced by travel for leisure by walkers, mountain bikers and horse riders. The traditional right to use these ancient routes has been upheld by the courts and extended by the Land Reform Act. While landowners have a right to prevent illegal vehicle access on their land they have no right to obstruct ancient rights of way, yet that still happens. As one who has travelled much of the Highlands on horseback, I have discovered the hard way how frequently these obstructions occur.

Most landowners, when asked, will make arrangements for gates to be unlocked. Why should I have to ask for access to a legally defined right of way or any other land? Unfortunately a significant minority are less obliging, obstructive and unhelpful. It is clear many gates are padlocked or designed to restrict or discourage recreational access. This is often reinforced by hostile wording on signs. Landowners know if they dig their heels in they can usually get away with it because of the potential cost to local authorities of enforcement action. A simple and accessible arbitration system is urgently needed to ensure we can all enjoy, responsibly, our ancient and legal rights.

Simon Jacyna,

Auchanacie Schoolhouse, Keith.

Contextual targeting label: 

Commenting & Moderation

We moderate all comments on HeraldScotland on either a pre-moderated or post-moderated basis.
If you're a relatively new user then your comments will be reviewed before publication and if we know you well and trust you then your comments will be subject to moderation only if other users or the moderators believe you've broken the rules

Moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours. Please be patient if your posts are not approved instantly.