Countryside Paths and Rights of Way - Obstructions and Maintenance
Last updated | 23/05/2008
Obstructions
If you are aware of a problem with a path being obstructed please report problems to 01738 475000 (Customer First - please ask for an Access Officer).
Obstructions might be one of many things - a locked gate, a new fence, a fallen tree, a 'No Entry' sign or a blocked drain causing localised flooding. Obstructions may be caused both deliberately (although not necessarily as a deterrent to access, but perhaps as a result of a land management operation), or may occur naturally.
- The council are under a duty to keep rights of way open (but this is the responsibility of the landowner) and free from obstruction and have powers to remove an obstruction
- It is against the law for a landowner to obstruct a right of way
Other paths (not asserted Rights of Way) are covered by the Land Reform (Scotland) 2003 Act
- People have a right of responsible access over most land and inland water including rivers, burns and lochs
- Landowners must use, manage and conduct their ownership of such land so as to not cause unreasonable disturbance to access rights.
- The Council has a duty to uphold access rights and have a power to remove obstructions from Core Paths (when they come into existence).
Guidance on this can be found on the Scottish Outdoor Access code.
Maintenance
The Council has discretionary powers to maintain countryside paths. It maintains a number paths and rights of way, as well as popular routes that the council owns, or promotes, such as the East Perthshire Path Network.
The Council will maintain these paths and rights of way to ensure they are fit for purpose, for example as an upland track or as a disabled persons route.
Upkeep of Paths
The Council may carry out work on paths, and when doing so will minimise any damage to the environment.
Inspection
Council managed paths are inspected according to criteria agreed by the Council.
