The Right to Roam: Scotland's Access Rights

Each major claim carries one of three labels. established means supported by primary records, official bodies or several independent reliable sources. shared means the core fact is sound but sources disagree on details, dates or interpretation. traditional means widely repeated but not traceable to a primary or independent source.

This card describes the general law. Specific local byelaws, restrictions and court decisions affect particular places, and readers should check the Scottish Outdoor Access Code before relying on any detail.

Before 2003

shared For centuries, walkers in Scotland enjoyed a broad tradition of tolerated access to the hills. Trespass was a civil wrong, meaning a landowner could ask someone to leave or seek an interdict, but in general it was not a crime, which led to the popular belief that "there is no law of trespass in Scotland". There were exceptions: the Trespass (Scotland) Act 1865 made it an offence to camp or lodge on private land without consent. In the nineteenth century there were confrontations between walkers and landowners over hill access and rights of way, and the Scottish Rights of Way Society was founded in 1845.

The 2003 Act

established After devolution, the new Scottish Parliament made land reform a priority. Part 1 of the Land Reform (Scotland) Act 2003 gives everyone a statutory right to be on land for recreational, educational and certain commercial purposes, and to cross land, so long as they exercise those rights responsibly. The rights came into force on 9 February 2005, alongside the Scottish Outdoor Access Code, which explains what responsible behaviour means: respecting privacy, livestock and crops, leaving no trace, and controlling dogs.

What is included

established Access rights cover walking, cycling, horse riding, wild camping, swimming, canoeing, sledging, climbing and similar non-motorised activities. They apply to most land and inland water, including hills, moors, woods, beaches, rivers and lochs, and to field margins.

What is excluded

established The rights do not apply to houses and other buildings, gardens and land needed to give people reasonable privacy around their homes, fields with growing crops (though field margins are included), school grounds, sports pitches in use, and some other categories. Motorised activities, hunting, shooting and fishing are not covered.

Landowners' duties

established Landowners must use and manage their land responsibly and must not obstruct or discourage access without good reason, for example by putting up misleading signs or locked gates. Local authorities and national park authorities enforce access rights and can require obstructions to be removed.

Disputes

established Disputes have reached the courts. In Gloag v Perth and Kinross Council (2007), the businesswoman Ann Gloag successfully argued that a large area of grounds around her home, Kinfauns Castle, should be excluded from access for privacy and security. Critics feared the case would allow wealthy owners to fence off large areas. In 2017 Loch Lomond and the Trossachs National Park introduced byelaws requiring permits to camp in parts of the park, after problems with litter and damage, a move criticised by some access campaigners.

• Scotland's access rights came into force in February 2005.
• Wild camping is allowed on most unenclosed land.
• You can canoe on rivers and swim in lochs under access rights.
• "No law of trespass" is a myth, but trespass was rarely a crime.
• Fields with growing crops are excluded, but their margins are not.

• Myth: "there is no law of trespass in Scotland". Trespass existed as a civil wrong, and the Trespass (Scotland) Act 1865 made it an offence to camp or lodge on private land without consent. It was rarely a criminal offence, and the 2003 Act replaced the old uncertainty with clear rights.
• Myth: you can go anywhere in Scotland. Access rights do not cover houses and other buildings, gardens and privacy areas, fields with growing crops, school grounds, or motorised activities, hunting, shooting and fishing.
• Myth: you can camp anywhere. Wild camping is included on most unenclosed land, but camping byelaws apply in parts of Loch Lomond and the Trossachs National Park.
• Disputed: how much land can be closed for privacy. In Gloag v Perth and Kinross Council (2007) a large area around Kinfauns Castle was excluded from access. Critics feared the case would let wealthy owners fence off large areas.