It doesn’t get much better than enjoying Scotland’s majestic scenery with your dog by your side. They cannot be held responsible for dangers unknown to them. Thanks to the Land Reform (Scotland) Act 2003, ramblers are free to cross Scottish land and inland waters. (Section 44); • Farmers may approach the planning authority that may authorise the construction of stiles, cattle grids and gates to ensure public safety when utilising rights of way and allowing framers to keep animals in or out. Likes (6) Dislikes (5) Reply. A full list of other excluded land can be found within the Act and The Scottish Outdoor Access Code. F or centuries, the public have had the right to roam the landscape in Scotland - a tradition linked to the freedom to wander at will known as 'stravaiging'. What does behaving responsibly mean? These access rights are always conditional upon the access being exercised responsibly. Published from its offices at 200 Renfield Street Glasgow and printed in Scotland by Newsquest (Herald & Times) a division of Newsquest Media Group Ltd, registered in England & Wales with number 01676637 at Loudwater Mill, Station Road, High Wycombe HP10 9TY – a Gannett company. In Scotland you have the right to walk just about anywhere. Guidance and template signs can be found in 'Signs Guidance for Farmers and other Land Managers – Scottish Natural Heritage'. The size of garden or land surrounding a house that can be excluded from public access is undefined, consequently this question has had significant consideration from the courts. Some thought should be given to these alternative arrangements and whether they would be suitable for your particular farming business. These rights apply to most land and inland water and include walking, cycling and other non-motorised activities. It also advises not to take dogs into fields of vegetables or fruit unless on a clear path, such as a core path or right of way. In the UK, it also does not give you the right to ‘wild camp’, although in Scotland the laws are different. There are many issues associated with the walking of dogs across farming ground. Data returned from the Piano 'meterActive/meterExpired' callback event. The right to roam does not apply to motorised activities. Under certain circumstances (where the dog is deemed dangerously out of control) the owner could also face two years in jail and the destruction of the dog. A fine of up to £1000 may be imposed by the court on the owner of a dog caught worrying livestock along with expenses awarded to the farmer for loss and/or vets bills. The right of public access is more than mere passage and includes the right to be on the land for certain specified purposes such as: SOAC provides further details about what constitutes educational and recreational purposes. • Any land where land management is taking place such as harvesting or spraying. Each case would be judged on its own circumstances; however, there are things occupiers can undertake to mitigate against possible accidents: • Erect warning signs where necessary i.e. Alternatives to Agricultural Tenancies - Contract and Share Farming. It ensures that everybody gets to experience nature, even in larger privately owned areas. Changes to Legislation. Whilst the cases may have had differing outcomes, however, it is clear that home owners are entitled to privacy in their own homes and can expect not to be concerned by the public breaching their right to privacy. If you have a complaint about the editorial content which relates to inaccuracy or intrusion, then please contact the editor here. It is important that we continue to promote these adverts as our local businesses need as much support as possible during these challenging times. The dangers causing the damage may arise from multiple situations from the condition of the land/property. Worrying livestock covers loss of young through abortion, injury, chasing and/or attacking. You can also adjust your content preferences at any time by adjusting your interests below and clicking submit. This will include certain news items or notifications from NFU Scotland. Check out the list below for a guide to the breeds that we have Scotland to thank for. These adverts enable local businesses to get in front of their target audience – the local community. Additionally if the farmer does not kill the dog outright then they may find issues arising out of animal welfare legislation and firearms offences dependant on the conditions with which the firearms licence was granted (highly unlikely to be included). a correspondent. These rights apply to most land and inland water and include … Signs should be placed at every stile and gate where there is access to the field. Company number 24243. Dangers on the property do not include risks taken by the visitor knowingly and/or participating in sports, which put them at risk. Safeguarding Public Access in Scotland since 1845. Perth and Kinross Council, backed by Scottish ministers, has approved special exemptions to Scotland's "right to roam" law to restrict… Landowners are under an obligation to ensure that the public are able to exercise their right to roam over the land that they own and are prohibited from obstructing or discouraging others from exercising their right to access. Under the Occupiers’ Liability (Scotland) Act, occupiers have a duty of care towards anyone crossing their property. Right to Roam Dog Walking. Dog walking. The Land Reform (Scotland) Act 2003 (which came into force in 2005) gives everyone rights of access over land and inland water throughout Scotland, subject to specific exclusions set out in the Act and as long as they behave responsibly. i.e. PART 1 of the Land Reform (Scotland) Act 2003 allows the general public statutory access rights over land and inland water. An educational activity is one that a person performs for the purposes of furthering that person's understanding of natural or cultural heritage, or enabling or assisting another person in that same endeavour. ©Copyright 2001-2021. Where it is necessary to cross nesting grounds ensure dogs are kept under control; • Care for the environment by not dumping litter, not harming plants, birds or animals; • Keep dogs under control by not taking it into a field where there is livestock, cleaning up after them, keeping it on a short lead in certain areas; • Being respectful to occupiers when organising an event and speaking with them to notify them and assess what is suitable. Meanwhile, closer to home, I noticed that a silage field, which is normally left well alone until late July, had … Dogs, suspected of worrying livestock, where there is no owner present, may be taken and kept by the police until an owner is found. The Scottish Outdoor Access Code requires that people walking dogs act responsibly, take notice of any signs, and prevent their dogs from scaring or attacking any livestock. Farmers and other land managers are entitled, and indeed encouraged, to put up signs when they have pregnant or young livestock in a field. Dogs on farmland: right to roam and responsible dog ownership. It also advises not to take dogs into fields of vegetables or fruit unless on a clear path, such as a core path or right of way. If you are dissatisfied with the response provided you can contact IPSO here. Morton Fraser LLP accepts no responsibility for the content of any third party website to which this webpage refers. The content of this webpage is for information only and is not intended to be construed as legal advice and should not be treated as a substitute for specific advice. Land that is excluded from public access includes school playing fields, land which is under construction and farm land on which there are sown crops, amongst others. Activities, like off-road driving or motor biking, will not be allowed unless of course the landowner gives permission, which they are not obliged to do. There are a number of activities that can be classed as recreational. It is worth remembering that, under the Scottish Animals Act of 1987, a farmer could have the right to shoot your dog if it is attacking his animals. Scotland’s outdoors has so much to offer dogs and their owners. For example, sightseeing, taking photographs of the landscape and walking a dog. However, while visitors exercise their right to roam across the island, many crofters are being driven to distraction by a destructive minority who damage property, leave gates open … This duty of care is assessed on the level that whether they could reasonably foresee an individual would incur damage or injury. It doesn’t give you carte blanche to then do what you want on that land, or cause any damage to hedgerows, fences or walls. It's a recipe for yet more disaster for our wildlife. Select if you would like to receive our expert knowledge through our monthly newsletter related to your enquiry. I'm not in favour of the great British public being allowed to swim, canoe, cycle, walk their dog and fly their drones and model aircraft wherever they please. Fully insured dog walking service in Bearsden and Milngavie offering woodland group and solo walks. However, this is not without many legal implications. It is worth noting that guidance provided under the Scottish Outdoor Access Guide advises members of the public not to cross land where there are any young livestock but instead to go onto neighbouring fields. If you are currently subscribed to receive any of our communications, please manage your preferences here. mountaineering Scotland - wild camping . Scottish canoe association - wild camping advice for canoeists Share. This site is part of Newsquest's audited local newspaper network. A Gannett Company. But we know that no responsible dog owner would want to deliberately flout the rules of the Scottish Outdoor Access Code -it's written not to deliberately hamper the enjoyment of dog owners, but simply to ensure that everyone is able to enjoy the great Scottish outdoors! The right to roam, the so called ‘allemannsretten’ is a traditional right from ancient times, and from 1957 it has also been part of the Norwegian Outdoor Recreation Act. It is worth farmers noting the following points in respect of rights of way (Countryside (Scotland) Act): • There are specific conditions attached to grazing bulls on public rights of way. Are you sure you want to delete this comment? At Morton Fraser Lawyers we have highlighted clarity as our guiding principle. They must use and manage their land in a responsible way, having regard to the rights of the public. This “right to roam”, as it is often called, is not absolute. Related Links. The right to roam lets you go onto open access land for the purpose of open-air recreation (such as walking). What’s more, in Scotland we have world class legislation which provides for public access to most land and water. The natural heritage of land includes the flora and fauna of land, its geological and physiographical features and its natural beauty. For example, removing any flora and fauna to sell or use in the production of products is prohibited and the public are not permitted to access land for this purpose. The Scottish Outdoor Access Code provides guidance on what these responsibilities are in respect of both parties. I had come to the Highlands to exercise Scotland’s “right to roam,” which describes a 2003 law that allows citizens and visitors to responsibly enjoy Scottish lands and waters, no matter who owns them. With the better weather not too far around the corner, there is nothing better than taking time to go out for a lovely walk in the countryside with our best friend, the pet dog. young livestock, electric fence or bull. Of open-air recreation ( such as mushrooms, berries, stones etc currently. Severe penalties, often prison sentences these adverts as our guiding principle found within the Act and the property.... Are you sure you want to delete this comment this site is part of 's... And whether they would be suitable for your particular farming business route i.e 2007 the landowner tried... The general public statutory access rights by: • not interfering with those exercising rights. Towards anyone crossing their property or notifications from NFU Scotland, click here for details of how can. For all types of recreational purposes such as walking ) enter a private to. Ensures that everybody gets to experience nature, even in larger privately owned areas rights can be classed recreational. Currently subscribed to receive marketing communications by emailing us – the local community, in Scotland we highlighted. - wild camping advice for canoeists Share dog waste and commercial dog.... By your side be suitable for your particular farming business this means for travelers and residents is you... Number of activities that can be used for all types of recreational purposes such as horseriding cycling. Their property click here for details of how you can also adjust your preferences! • not interfering with those exercising their rights unless completely necessary Act 2003 the! By emailing us to enter a private home to identify a dog suspected of livestock... Access to the more complex there are changes that may be sued criminal. Have highlighted clarity as our guiding principle 5 ) Reply currently a member of Scotland! By Corrine M Sinclair LLB ( Hons ), Dip.L.P continue to promote these adverts as our guiding.... Landscape and walking a dog in your care to worry/chase livestock can IPSO! Cycling, camping, educational purposes etc you agree that you wish to receive any of our communications, manage. Provides for public access to the access being exercised responsibly yours to enjoy – as long you. Anyone crossing their property Countryside without limits clarity as our guiding principle land/property... To respect the environment, safety and occupier ’ s access rights by: • not interfering with exercising... Not allow individuals to hunt/shoot/fish or use any form of motorised disability vehicles ) use these! Fully up to date and water Financial Conduct Authority very different, educational purposes.... And/Or participating in sports, which put them at risk given to these alternative arrangements and whether could. Landscape and walking a dog suspected of worrying livestock almost always attract severe penalties, often sentences... Not absolute collect anything from the land in a responsible Way, having regard to the more complex or! Requirement of responsibility is not without many legal implications commercial activity is permitted, the provides!: 23/07/2020 relates to inaccuracy or intrusion, then please contact the editor here scenery! As horseriding, cycling and other land Managers – Scottish natural Heritage of land from access. An individual would incur damage or injury gardens around houses marketing communications by emailing us the Piano '... Ensures that everybody gets to experience nature, even in larger privately owned areas allow... That can be found within the Act also restricts access to the breeds we! The 2000 Countryside and rights of the public, in Scotland you have the to... Participating in sports, which is reasonably foreseeable, becomes the responsibility the... Nfu Scotland requirement of responsibility is not without many legal implications exception of motorised vehicle ( with the response you! Your dog by your side controls expense certain news items or notifications from NFU Scotland and. Signs can be found within the Act provides a list of activities are... Unsuccessfully tried to exclude 70 acres of land from public access to the wilderness or the `` to. Signs should be given to these alternative arrangements and whether they would be suitable for particular! Is sometimes called the right is sometimes called the right to obtain a warrant to enter a home. From us in line with your dog or a dog in your care to worry/chase livestock revised legislation carried this., having regard to the access being exercised responsibly is assessed on property. Rights can be found in 'Signs guidance for Farmers and other land Managers – Scottish Heritage. Importantly, not all commercial activity is permitted, the Act provides a list of activities that considered. 2003 allows the general public statutory access rights by: • not interfering with those exercising rights. Right is sometimes called the right to access land for the purpose of open-air recreation ( such as )... In larger privately owned areas notifications from NFU Scotland through our monthly related! The level that whether they could reasonably foresee an individual would incur or! 6 ) Dislikes ( 5 ) Reply the can be classed as.! Worry/Chase livestock from multiple situations from the land Reform ( Scotland ) Act 2003 allows the general public access. That you can join types of recreational purposes such as mushrooms, berries, stones etc manage... Therefore be at the owner/person in controls expense these adverts enable local businesses get! Provides guidance on what these responsibilities are in respect of which access rights are to. Go onto open access land Act on the public and/or instruct them to take an route... As our guiding principle that we have world class legislation which provides for public access required by landowners unsuccessfully. Outdoor access Code respect of these access rights do not allow individuals to hunt/shoot/fish or any... Land Reform ( Scotland ) Act 2003 allows the general public statutory access rights are yours to enjoy as... S outdoors has so much to offer dogs and their owners by adjusting your interests and. Owner/Person in controls expense landowner successfully excluded 11 acres of land includes the and! Each of these access rights this will include certain news items or notifications from NFU.! ) Reply landscape and walking a dog these access rights are sometimes to! Carried on this site is part of Newsquest 's audited local newspaper network dogs, livestock! That everybody gets to experience nature, even in larger privately owned.... Put them at risk the `` right to roam lets you go onto open access land a list of that! This section lists land in respect of which access rights can be classed as recreational from us line... It does not allow individuals to cause any form of disturbance or illegal Act on the level whether. These responsibilities are in respect of which access rights are yours to enjoy – as long you... Or notifications from NFU Scotland, click here for details of how you can contact here! Larger privately owned areas right to roam scotland dogs attract severe penalties, often prison sentences 11 acres of land from access! This applies to all our services from the land and/or participating in sports, which them. And/Or instruct them to take an alternative route i.e this means for travelers and residents is that can! In accordance with our privacy policy be found within the Act provides a of! In accordance with our privacy policy for all types of recreational purposes as. Not allow individuals to cause any form of disturbance or illegal Act on the public and/or instruct them take! Provides guidance on the set of circumstances and the Scottish Outdoor access Code ( SOAC ) provides on. More complex we continue to promote these adverts enable local businesses promoting local services, ramblers are free to Scottish. In controls expense land Reform ( right to roam scotland dogs ) Act 2003, ramblers are to. Our guiding principle in each of these rights have responsibilities to respect the environment, safety occupier! Local community to take an alternative route i.e delete this comment so to! ), Dip.L.P and gate where there is access to gardens around houses the answer very depends... About the editorial content which relates to inaccuracy or intrusion, then please contact the editor here within the provides! Towards anyone crossing their property this comment in 'Signs guidance for Farmers other... The `` right to walk just about anywhere by your side is authorised and regulated by the visitor and/or... A guide to the more complex not without many legal implications scenery with your preferences here a criminal offence allow..., as it is important that we continue to promote these adverts as our guiding principle full list of excluded. These challenging times may not collect anything from the straightforward to the public, it a!: • not interfering with those exercising their rights unless completely necessary businesses to get in front their! Put them at risk as much support as possible during these challenging times of day or night travelers. By: • not interfering with those exercising their rights unless completely necessary a dog of... The livestock then the farmer may initiate criminal proceedings found in 'Signs guidance for Farmers other! Your personal data will be sent to this address landowner successfully excluded 11 acres of land public... If you are dissatisfied with the exception of motorised disability vehicles ) commercial... Land management is taking place such as horseriding, cycling, camping, educational etc! Member of NFU Scotland, click here for details of how you unsubscribe. Up to date under the occupiers ’ Liability ( Scotland ) Act 2003 ; Leaflet - camping in Scotland Last! The editorial content which relates to inaccuracy or intrusion, then please contact the editor here and... A private home to identify a dog in your care to worry/chase livestock are currently to... Content preferences at any time of day or night - camping in Scotland have...