Alice Skillman
- Senior Solicitor
It is well known that in Scotland the public have a right to roam most of the land for recreational or educational purposes. This historic right was brought on to statutory footing by the Land Reform (Scotland) Act 2003 (the “2003 Act”). Provided there are no local by-laws to the contrary, the right to roam (or access rights as they are referred to within the 2003 Act) may permit leisure activities such as wild camping on private property.
Most people exercise their access rights under the 2003 Act responsibly, and follow the guidance set out within the Scottish Outdoor Access Code (the “Access Code”). However, occasionally, access rights are abused accidentally or maliciously to the detriment of the environment and private landowners. We’ve created this list to highlight what is expected of the public when enjoying wild camping responsibly and what remedies are available to landowners and estate managers when the rules aren’t followed.
Wild camping is lightweight camping, undertaken individually or by a small group of people for a short period of time in one location (i.e., two or three nights maximum in any one place). This means wild camping does not include the use of motor vehicles such as cars or campervans.
The Access Code advises that wild camping:
The 2003 Act sets out that it is the duty of every owner of land on which access rights are exercisable to use and manage the land and conduct their ownership of it in a way which respects access rights.
The 2003 Act sets out that a person’s right of access to land is only available if the rights are exercised responsibly. Determining what constitutes responsible exercise of access rights will vary from situation to situation. However, the 2003 Act advises that one factor in determining whether access rights have been exercised responsibly is whether the wild camper has acted in a manner consistent with the Access Code. As such, if a person is deemed to have not acted in accordance with the Access Code, they may lose the right to wild camp in the future.
Landowners and estate managers should consider the following possible remedies if they encounter problems with wild camping which doesn’t comply with the Access Code:
If you need advice or guidance about how the 2003 Act affects your property, or any other issues relating to land management, please contact Alice Minick or Linsey-Barclay Smith.
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