page_title: Scottish Outdoor Access Code
section_title: Land to which access rights apply
hierarchical_section_title: Scottish Outdoor Access Code / Land to which access rights apply
caption_attribution_description: English: Mountain Cyclists between Glen Dee and Glen Luibeg on Mar Lodge Estate (a National Trust for Scotland property) on 28 July 2010
context_page_description: The Scottish Outdoor Access Code provides detailed guidance on the exercise of the ancient tradition of universal access to land in Scotland, which was formally codified by the Land Reform Act 2003. Under Scots law everyone has the right to be on most land and inland water for recreation, education and going from
  place to place providing they act responsibly. The basis of access rights in Scotland is one of shared responsibilities, in that those exercising such rights have to act responsibly, whilst landowners and managers have a reciprocal responsibility to respect the interests of those who exercise their rights. The code provides detailed guidance on these responsibilities.
  Access rights apply to any non-motorised activity, including walking, cycling, horse-riding and wild camping. They also allow access on inland water for canoeing, rowing, sailing and swimming.
  The rights confirmed in the Scottish legislation are greater than the limited rights of access created in England and Wales by the Countryside and Rights of Way Act 2000.
  This Code has been approved by both the Scottish Government and the Scottish Parliament.
context_section_description: Responsible access under the access code can be enjoyed over the majority of land in Scotland, including all uncultivated land such as hills, mountains, moorland, woods and forests. Access rights also apply to fields in which crops have not been sown or in which there are farm animals grazing; where crops are growing or have been sown access rights are restricted to the margins of those fields.  
  Access rights do not extend to the land surrounding a house or other dwelling (e.g. a static caravan) to the extent needed to provide residents with a reasonable measures of privacy. This is usually defined as the garden around or adjacent to the house that is intensively managed for the enjoyment of residents. 
  The question of how much land surrounding a dwelling is required to provide "reasonable measures of privacy" has been the main issue on which the courts have been asked to intervene. In Gloag v. Perth and Kinross Council the sheriff allowed about 5.7 hectares (14 acres) surrounding Kinfauns Castle, a property belonging to Ann Gloag, to be excluded from access rights. In Snowie v Stirling Council and the Ramblers' Association the courts allowed about 5.3 hectares (13 acres) to be excluded, but refused permission for a wider area to be excluded and required the landowner to keep the driveway unlocked to allow access.  
  Access rights also do not extend to the curtilage of any other building (such as a factory, office or hotel). Generally, such land will normally be closely connected, physically and in terms of purpose, to the building and forming one enclosure with it.
  Access rights apply to most urban parks, country parks and other managed open spaces, but an exception is made for visitor attractions (e.g. gardens and safari parks) where the public has historically had to pay to enter. Access rights do apply to grass playing fields and land laid out for sport and recreation (including the fairways of a golf course), but only when the exercise of access rights does not interfere with the carrying on of that recreational use (for example the public may cross a golf course, but must not interfere with a game of golf). Areas of grass that are specially managed for sport (for example golf greens, bowling greens and cricket squares) are excluded from access rights, as are sports pitches made of artificial materials.
  Access rights extend to inland water such as rivers, lochs, canals and reservoirs in order to allow swimming and other non-motorised watersports. However requirements to respect the rights of people on nearby land may affect the routes and areas of water that can reasonably be used. These rights extend to grant access to riverbanks, loch shores, beaches, and coastline (except where such land is excluded due to other provisions, such the requirement to provide a reasonable measure of privacy). Shore access rights do not extend to driving or parking any vehicles needed to enable watersports.
  Some places of work such as railway, airfields, airports, quarries, civil engineering and demolition sites are excluded, as is land contiguous to any school and used by that school. There are also some areas of land where public access can be prohibited, excluded or restricted under other legislation. Land may also be temporarily exempted from access rights through an order made by the local authority, for example to allow for an event such a music festival or car rally. Land owners/managers may also temporarily restrict access rights to enable safe operation of the land, for example banning dogs from a field where sheep are lambing or stopping people walking through an area where trees are being felled. However guidelines recommend signposting the reason for, and duration of, the restriction and an alternate route.
caption: Mountain bikers on the Mar Lodge Estate in the Cairngorms.
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