Right of Responsible Access

Commonly referred to as the “right to roam”, the right of responsible access was embodied as a statutory right in the Land Reform (Scotland) Act 2003 and it allows everyone access to most land and inland water in Scotland for recreational and other purposes.

Scotland is renowned for its natural beauty and grand landscapes. This world class legislation provides for broad public access, so both access takers and landowners alike need to be aware of their key rights and responsibilities. 

Our team is able to provide landowners and managers, as well as individuals, with advice on a number of matters relating to the right of responsible access, including: 

• 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; 
• 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;
• the distinction between the right of responsible access, private property law (e.g. servitude 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 officers; and
• the remedies available in the event of a dispute in relation to the exercise of the right of responsible access. 

Our rural dispute lawyers have experience across a wide range of right to roam matters. 

Some issues our team commonly works with are:

• wild camping;
• sheep worrying;
• commercial dog walkers;
• foreshore disputes; and 
• open water swimming.  

If you have any queries on the above or are seeking advice on rights of responsible access matters, please do not hesitate to contact Stephanie Hepburn or our team for assistance.