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ARTICLE · 19 FEBRUARY 2019

Rights Of Access vs Right To Privacy

Shepherd and Wedderburn
Shepherd and Wedderburn
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Shepherd and Wedderburn

Shepherd and Wedderburn

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The public rights of access on and over land, enshrined in the Land Reform (Scotland) Act 2003, have now been around for almost 14 years.

United KingdomReal Estate and Construction

The public rights of access on and over land, enshrined in the Land Reform (Scotland) Act 2003, have now been around for almost 14 years. They allow all members of the public a responsible right of access on and across land and inland water throughout the country, often informally referred to as the right to roam.

Certain parts of land may be excluded from the rights of access under the Act: restrictions may be allowed, for example, due to planned forestry operations. Further, some areas, such as schools, or land where crops are growing, are never suitable for access.

Where access rights are exercisable, they may be taken for recreational, educational, or sometimes certain commercial purposes. Landowners and managers are obliged to act responsibly but cannot unduly deter the public from accessing their land. Local authorities must uphold access rights if they are being obstructed. The Scottish Outdoor Access Code serves as a guide for responsible ownership, and

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