Calendar An icon of a desk calendar. Cancel An icon of a circle with a diagonal line across. Caret An icon of a block arrow pointing to the right. Email An icon of a paper envelope. Facebook An icon of the Facebook "f" mark. Google An icon of the Google "G" mark. Linked In An icon of the Linked In "in" mark. Logout An icon representing logout. Profile An icon that resembles human head and shoulders. Telephone An icon of a traditional telephone receiver. Tick An icon of a tick mark. Is Public An icon of a human eye and eyelashes. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Pause Icon A two-lined pause icon for stopping interactions. Quote Mark A opening quote mark. Quote Mark A closing quote mark. Arrow An icon of an arrow. Folder An icon of a paper folder. Breaking An icon of an exclamation mark on a circular background. Camera An icon of a digital camera. Caret An icon of a caret arrow. Clock An icon of a clock face. Close An icon of the an X shape. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Comments An icon of a speech bubble, denoting user comments. Comments An icon of a speech bubble, denoting user comments. Ellipsis An icon of 3 horizontal dots. Envelope An icon of a paper envelope. Facebook An icon of a facebook f logo. Camera An icon of a digital camera. Home An icon of a house. Instagram An icon of the Instagram logo. LinkedIn An icon of the LinkedIn logo. Magnifying Glass An icon of a magnifying glass. Search Icon A magnifying glass icon that is used to represent the function of searching. Menu An icon of 3 horizontal lines. Hamburger Menu Icon An icon used to represent a collapsed menu. Next An icon of an arrow pointing to the right. Notice An explanation mark centred inside a circle. Previous An icon of an arrow pointing to the left. Rating An icon of a star. Tag An icon of a tag. Twitter An icon of the Twitter logo. Video Camera An icon of a video camera shape. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Information An icon of an information logo. Plus A mathematical 'plus' symbol. Duration An icon indicating Time. Success Tick An icon of a green tick. Success Tick Timeout An icon of a greyed out success tick. Loading Spinner An icon of a loading spinner. Facebook Messenger An icon of the facebook messenger app logo. Facebook An icon of a facebook f logo. Facebook Messenger An icon of the Twitter app logo. LinkedIn An icon of the LinkedIn logo. WhatsApp Messenger An icon of the Whatsapp messenger app logo. Email An icon of an mail envelope. Copy link A decentered black square over a white square.

Ben Dolphin: Scotland’s unique and wonderful right to roam should be celebrated

Forests, beaches, hills and farmland can all be lovingly explored in Scotland thanks to our laws. We don't know how lucky we are.

Make the most of your freedom to explore Scotland's countryside (Image: Rawpixel .com/Shutterstock)
Make the most of your freedom to explore Scotland's countryside (Image: Rawpixel .com/Shutterstock)

Forests, beaches, hills and farmland can all be lovingly explored in Scotland thanks to our laws. We don’t know how lucky we are, writes Ben Dolphin.

When you go for a walk, where do you go?

A woodland? A riverbank? A beach? A hill? Perhaps a field edge? In Scotland, maybe all of the above in one walk!

Enjoying such places is second nature here, but try accessing those things elsewhere in the world and you’ll quickly come unstuck. As I did in Ontario a few years ago.

Lake Erie has no hills to walk; just pancake-flat farmland, as far as the eye can see. Farmland is private, so the only option for stretching my legs was the lake shore, along the endless beach.

But I couldn’t go more than a few hundred metres without encountering barriers: fences in the water, intimidating signs, security guards.

Ontario residents have long been campaigning for “the right of passage” along the Great Lakes shores. They’re not even asking for the right to sit down, only for the right to walk through. And, even then, only between the high and low waterlines.

Closer to home, the differences are equally stark, especially when I visit family in the West Midlands. To be fair, the path network down there is good. It’s comprehensively mapped and signposted, and generally connects well between villages.

But, if you see some open land – a curious ruin or hill fort, perhaps some beautiful woodland – you can’t generally veer off specified paths to explore more closely. You don’t have the right and are met with “PRIVATE” this, “PRIVATE” that.

They do have “Open Access Land“, where the public have rights to wander without sticking to paths. But only on foot. No cycling or horse-riding, not without landowner permission.

Outdoor Access Code isn’t perfect, but it’s fantastic

The English situation is regressing further from even that low bar on Dartmoor, where long-held rights to camp were overturned just last month. Appeals are underway, galvanising thousands of people down south to step up their campaign for their “right to roam”. This as we in Scotland celebrate 20 years since the Land Reform (Scotland) Act enshrined our access to most land and water.

The Act, in turn, gave birth to 2005’s Scottish Outdoor Access Code. For both the public and for land managers, the code spells out in plain language the dos and don’ts, the cans and can’ts, for every conceivable outdoor situation.

That’s not to say the guidance is unambiguous. Having referred to the code in a professional capacity, both as a land manager and an access authority, I admit, I’ve occasionally found its grey areas… inconvenient.

‘Private’ roads and paths are a much bigger issue for walkers in England (Image: Sandy McCook/Shutterstock)

But, I also recognise that, because every situation is different, having black and white guidance isn’t necessarily helpful. The code’s greyness, its emphasis on what is “reasonable”, is more its strength than its weakness, as it allows room for dialogue, discussion and flexibility.

It’s definitely overdue an update, though, to keep it relevant. Many recreational pursuits have appeared or grown significantly in popularity in the 18 years since the code’s publication, and are notably absent: disposable barbecues, drones, ebikes, geocaching.

But these are small gripes when you consider just how much useful practical guidance is in there. As a document, I think it’s fantastic, but the Outdoor Access Code itself isn’t widely known in Scotland.

A truly equal society needs equal access to land

The last survey of recreation habits estimated that Scottish adults make 546 million outdoor visits every year, and only 2% of respondents said their visits were hindered by obstructions such as locked gates, barbed wire fences, or by unwelcoming signs. That’s impressive, but it still equates to nearly 11 million obstructed visits, so there’s certainly no room for complacency.

There are, after all, hundreds of access issues that most of us never hear about. And they mean every bit as much to the people encountering them as any high profile access issue the national media might pick up.

While some will cite such difficulties as evidence that access rights are problematic, most problems CAN be resolved

It’s the trip to the shops. The cycle to work. The daily dog walk. It’s long-standing short-cuts in and around towns. It’s land managers having their businesses or operations disrupted.

I’ve dealt with many such cases over the years, and few are as straight-forward to resolve as they initially seem. Resolution takes time, effort and no small of amount of diplomacy. And, while some will cite such difficulties as evidence that access rights are problematic, most problems CAN be resolved.

Getting outdoors is massively important for mental and physical health (Image: Mattia Querci/Shutterstock)

Outdoor access is massively important for physical and mental health, connecting with nature, escaping urban pollution, for education and for research. Plus, I’m not sure you can ever have a truly equal society without open, equal access to the land.

So, on its 20th birthday, let’s follow Ramblers Scotland’s lead by taking stock and commending all those individuals, landowners, volunteers and organisations who helped make the Land Reform (Scotland) Act a reality, and everyone who has ensured its success since.

Oh, and if you ever doubt the value of our access legislation, my advice would be: take a holiday. There’s nothing quite like seeing your country from afar to make you realise what you have.


Ben Dolphin is an outdoors enthusiast, countryside ranger and former president of Ramblers Scotland

Conversation