One for the access rights experts…

There’s a path/trail near mine, which has had a bit of stickman trouble in the past. But it’s just escalated a lot, someone- I assume the landowner- has dragged a big fallen log over the path, and secured it in place with fenceposts and fencing wire! A fencepost’s also appeared right in the exit onto the road, as if a fence is being built. So it’s gone beyond “I’ll move the log” and into “this is criminal damage” but also it’s a really overt, permanent attempt to block access and it’s not the sort of thing a disgruntled redsock does.

It’s an established path, not on grazing ground or anything- it’s a tree line between 2 arable fields. And tbh I’ve never understood what the issue really is, it’s not busy, or badly eroded, there’s no real landowner conflict, it’s not especially fast or dangerous… It feels like it’s just a Get Orf My Land. The trail as a whole still goes so it’s not the end of the world but it’s a pretty big statement of intent and I don’t think it’ll end here.

Soooo. Is there any action that can be taken? There’s things I can do but they won’t resolve the ongoing issue and it’d be fuel on the fire right now. So is there a legitimate channel? I know landowners aren’t required to maintain informal access but my understanding of the code is they’re not supposed to obstruct it without good cause…

Pentlands ?

Yeah, probably a few folks here will know it, Harlaw Road down to the water of leith path- think the woods are called Duncan’s Belt.

Folding saw?

I keep one in my pack for the tree-snapping-across-the-trail guy we sometimes get round our way.

One assumes the Ramblers’ Association are active in Scotland, as they are down here in the mudlands. They’d know which bells to ring.

No Pentlands rangers any more but the Natural heritage service are probably the ones to speak to if it is in CEC area, they will deal with it through their access officer if it is a right of way being obstructed.

Hermitage of Braid
69a Braid Road
Edinburgh
EH10 6JF

Email: Naturalheritageservice@edinburgh.gov.uk

Tel: 0131 529 2401

Fax: 0131 447 9441

A bit difficult really as while we have right of access I don’t believe there is any obligation (on the landowner) to maintain the path/trail/route and/or not block it – so learn to bunny-hop? 😉

Cheers Jim, I’ll do that.

b r – Member

A bit difficult really as while we have right of access I don’t believe there is any obligation (on the landowner) to maintain the path/trail/route and/or not block it – so learn to bunny-hop?

I can ride it but I think most folks couldn’t, it’s awkward. But it’s obstructing other users too (the top of the trail has some awkward stream crossings so you don’t get that many offroad assault prams etc going the full length but people do go up it from this obstructed end). Main concern is the what next, though

As I understand it they’re under no obligation to maintain it but aren’t allowed to block it without cause- this path definitely doesn’t trigger any of the access code exclusions so I can’t see any justification for it.

It’s interesting, the fence at the bottom is v odd but consistent with the rest of the equestrian facility. I ride it too as I live near there and have removed various obstacles over time. Haven’t been down recently as prefer to use poets. Will have a look at the weekend, it’s a marked path on the OS though.

Edit sorry am thinking about the other one further along. Haven’t been down the one you mention for ages. As you say it serves no real purpose.

Maybe try the rights of way society or scotways as they’re called. now
https://www.scotways.com/faq/rights-of-way-law/216-is-there-any-record-of-rights-of-way-in-scotland

To be honest what you’re describing sounds like a typical cross country fence jump possibly put in for the horses. May not necessarily be an attempt to actively obstruct others as such.

The Core Path network is your friend.

Check the map on the council website – they should have a map of the nwtwork.

There is a statutory obligation to maintain Core Paths. With Stirling Council this consists of spraying and minor maintenance. An email gets the ranger away from their desk and investigating the issue – talking to landowners etc.

We had a stickman – some wildlife cameras gave some nice photies, which when printed and dropped through the local police station door, together with some hints as to the culprits ID (we knew the dog’s name and the street he lived, from talking to dog walkers) resulted in a charge of reckless conduct. We also discovered that the sticks were pissing off dogwalkers more than bikers.

Drop me an email if you want more help.

The council might be interested.

There’s form in Midlothian http://www.midlothianadvertiser.co.uk/news/legal-advice-sought-on-penicuik-barricade-1-4154481

ScotWays are unlikely to be interested as it’s not a ROW or a Core Path. If you can provide evidence that it has been in use for 7 years (including photos) then they might be able to help you out.

I’m not sure it falls within the PHRP boundary so no help there.

Find out who is the local Access Officer and ask for clarification but stopping up of an existing path can result in court action (usually after years of wrangling).

I have used it at least 7 years ago

I carry wire cutters and have no compunction in removing trail bastardry. We have always had the right to roam, the Act merely crystallised it.