A recent Andalucían Supreme Court judgement has overturned the catalog of public access ways drawn up by the Ayuntamiento de Ronda, which could see many of them fenced in again, and restricting public movement around the Serranía on roads traditionally seen as public highways.
For years land owners have been disputing the right of the public to cross land they consider their own, with hikers and nature enthusiasts often disagreeing over chains, fences, and other obstructions placed on the path to prevent public access.
The latest court verdict is a significant blow to public access after the court found Ronda’s council hadn’t followed correct procedure when creating their catalog of public access ways, with the court describing the approval of the catalog prior to public consultation as more than a little curious.
In late April 2005 the new catalog was announced in the provincial gazette which comprised 500 pages and 250 aerial photomaps of the public highways, however these had not been made available to the public beforehand, essentially meaning the Ayuntamiento breached article 9.3 of the constitution.
Where does this leave public access highways now? Well, essentially in the situation we were in prior to 2005 when landowners would block public access without penalty until a court has decided on the nature of the rights of way, but with Spanish courts being as slow as they are, many of the pre-2005 cases have yet to be decided, so we can expect to see a bunch of new fences and chains erected again as farmers learn of the court decision.
I’ve been living in this lovely area of Western Andalucia for the last 20 years or so and dedicate most of my time to the running of English language tourist information websites for the towns of Cádiz, Ronda, Grazalema, the famous or infamous Caminito del Rey, and also Wildside Holidays, which promotes sustainable and eco-friendly businesses running wildlife and walking holidays in Spain. My articles contain affiliate links that will help you reserve a hotel, bus, train or activity in the area. You don’t pay more, but by using them you do support this website. Thankyou!