Right of Responsible Access
We advise landowners and those accessing land on their legal rights and responsibilities.

Scotland’s right of responsible access, sometimes called ‘the right to roam’, gives the public broad access to most land and inland waters. Under the legislation, all people involved have both rights and responsibilities: the owners of the land and those accessing it. We help everyone to work within the law, and to resolve disputes.

When disputes arise we can provide guidance on the remedies available, and our rural disputes specialists can help to find a practical and lasting solution.

Our expertise includes:

The scope of the right of responsible access
The interplay between the right of responsible access and other areas of law, for example, occupiers’ liability, trespass, privacy, animals and animal welfare, and health and safety
The activities that are not permitted to be carried out in exercising the right of responsible access
The use of the right of responsible access for commercial operations such as dog-walking businesses or guided tours
Landowners’ obligations and responsibilities in facilitating the right of responsible access and what may constitute an obstruction, for example, the use of signs, fences, and gates
Access-takers’ obligations in exercising the right of responsible access and what may constitute irresponsible access. We have advised clients in respect of challenges like sheep-worrying, wild camping and anti-social behaviour.
The distinction between the right of responsible access, private property law (e.g. servitudes and real burdens), and public rights of way
The provisions contained within the Scottish Outdoor Access Code
The role of local authorities, access forums, and access officers

Meet our key contacts

Stephanie Hepburn

Partner

Emma Robertson

Partner

Meet our full team

Vicky Christie

Senior Associate

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Emma De Sailly

Senior Associate

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Gillian Gibbons

Director

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Hamish Lean

Partner

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Related articles and insights: Right of Responsible Access

26 June 2024

Unwanted guests: Navigating the legal terrain

Contributors:
Stephanie Hepburn, Emma Robertson

An insight into the Law of Trespass in Scotland.

26 June 2024

The right to roam: Know your rights and responsibilities

Contributors:
Emma De Sailly, Stephanie Hepburn, Hamish Lean

The right of responsible access (colloquially referred to as the "right to roam") has led to many questions for both landowners and the general public. We outline the key rights and responsibilities for both below so that you can understand what yours may be.

25 June 2024

Right to roam – wild camping legal rights in Scotland

Contributor: Stephanie Hepburn

The recent popularity of wild camping caused a number of problems for landowners concerned about the impact on the countryside. Now, as we head into a summer of staycations, landowners should familiarise themselves with the public’s right of responsible access, commonly referred to as the right to roam.

5 November 2020

Resolving rural disputes: Access rights and e-bikes

Contributor: Stephanie Hepburn

Are e-bikes classed as motorised vehicles under Scotland’s access rights legislation? Stephanie Hepburn and Elaine Brailsford of our rural disputes team address the scope of the legislation and the remedies available for unlawful exercise of access rights.

13 February 2019

Rights of access vs right to privacy

Contributor: Stephanie Hepburn

How does the law determine public rights of access on and over land?

3 May 2018

The Right to Roam and Public Access Rights: Case briefing

Contributor: Stephanie Hepburn

The Land Reform (Scotland) Act 2003 provided the public with a legislative basis for their general access rights over Scottish land. A recent decision has provided further clarification on the nature of public rights to access land in Scotland. Read more.

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