Leanne Gordon, Partner in our Rural – Land & Business team says better understanding of the rules could help reduce issues in the countryside as the spring and summer surge in the great outdoors begins.
People enjoying Scotland’s “right to roam” are being urged to ensure they do not stray onto the wrong side of the law while exploring the countryside.
And landowners are being encouraged to sense-check that they stay on the right path to ensure that walkers, cyclists, horse riders, campers, canoeists and others can access the places they should be able to.
It has been 20 years since the landmark Land Reform legislation which opened up access to large parts of rural Scotland was introduced in the Scottish Parliament. As more people start stepping out to the countryside for the spring and summer - with Easter marking the start of the visitor season - many misconceptions around the rights remain.
Leanne said: “The right to roam, as it’s commonly known, is - in legal terms - really the right to responsible access. Those exercising access have to act responsibly, including the basics of closing gates, keeping dogs on leads around livestock, not going into people’s gardens or fields where crops are growing.
“Landowners - and their tenants - are legally required to act responsibly too by not hindering anyone’s right to enjoy the countryside for recreation.
“Twenty years on from its introduction, people recognise the right to roam, but not always the rules and responsibilities that come with it. Wider understanding on all sides would ease some of the issues that we sometimes see.”
Changes to the rules which underpin the law are widely expected, taking into account changes which have emerged in the past 20 years, including the use of e-bikes and drones.
“Like much legislation, the right to enjoy the outdoors is a balancing act between access, the economic benefits that this brings for rural areas and the need for landowners and farmers to be able to operate their enterprises safely and effectively,” Leanne added.
“As with any longstanding law, work to bring it up-to-date should hopefully resolve any confusion or unintended consequences.”
What is Scotland’s ‘right to roam’?
Section 1 of the Land Reform (Scotland) Act 2003 states that everyone has the right to be on land in Scotland for recreational purposes. Section 6 of the Act sets out exclusions where those rights do not apply, including houses, farm buildings, compounds, schools and sports fields. The Act does not include access for motorised vehicles, including motorbikes and quad bikes.
How does everyone know what’s allowed?
The need to exercise the right to roam sensibly and responsibly is set out in the Scottish Outdoors Access Code. It centres on three principles which apply equally to the public and landowners.
- Respect the interests of other people. Act with courtesy, consideration and awareness. If exercising access rights, make sure that you respect the privacy, safety and livelihoods of those living or working outdoors. If a land manager, respect people’s use of the outdoors and their need for a safe and enjoyable visit.
- Care for the environment. Look after the places you visit, and leave the land as you find it. Land managers should help maintain the natural and cultural features which make the outdoors attractive to enjoy.
- Take responsibility for your own actions. Remember that the outdoors cannot be made risk-free and act with care at all times for your own safety and that of others.
What do landowners need to remember?
Key points for landowners and managers to remember include that they should not purposefully or unreasonably prevent, hinder or deter people from exercising access rights on or off paths and tracks, that they can use paths and tracks as a way of providing for and managing access across land so that access is integrated with land management and to take account of access rights when planning and implementing any major land use change or development.
Is there a right to roam on rivers and lochs?
When it comes to rivers, lochs and reservoirs, access rights should be exercised so that people do not intentionally or recklessly disturb birds or other animals, do not pollute the water, that local byelaws are followed and that the interests of other users - including anglers - are not interfered with.
What about dogs?
People can walk with their dogs in the countryside, provided they are kept under control. The Code states that dogs should not be taken into fields with lambs or calves.
Published 16 April 2024.
