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Legal Checklist

ACCESS RIGHTS – WHERE CAN YOU GO?

January 29, 2026 2 min read

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England and Wales

Public Rights of Way (Always Accessible):

Footpaths:

  • On foot only (no bikes, horses)
  • Stay on path (don’t wander into adjacent fields)
  • Cross stiles, gates as marked

Bridleways:

  • Foot, horse, bicycle permitted
  • Not motor vehicles

Byways (BOATs – Byways Open to All Traffic):

  • All traffic including motor vehicles
  • Less common, usually tracks/green lanes

Right to Roam (CROW Act 2000):

Open access land:

  • Mapped as open access (OS maps show orange boundary)
  • Includes: Mountain, moor, heath, down, common land
  • Excludes: Cultivated land, buildings, gardens

Restrictions on open access:

  • No camping (without permission)
  • No fires (without permission)
  • Dogs on leads (near livestock, ground-nesting birds March-July)
  • Seasonal closures possible (grouse shooting, conservation)

Private Land:

  • ALL land in UK has owner (no truly “public” wilderness)
  • Trespass is CIVIL offense (not criminal – unless aggravated)
  • Landowner can ask you to leave (must comply)
  • Wild camping requires permission (except Scotland – see below)

Scotland (Different Laws – More Permissive)

Scottish Outdoor Access Code (Land Reform Act 2003):

“Right to Roam”:

  • Access to most land and water for recreation
  • Includes wild camping (if done responsibly)

Scottish Outdoor Access Code Principles:

  1. Respect people’s privacy and peace of mind
  2. Help land managers and others to work safely and effectively
  3. Care for your environment

Wild Camping in Scotland (LEGAL if responsible):

  • Small numbers (2-3 tents maximum)
  • Short stays (2-3 nights one location)
  • No trace left (pack out all waste, restore site)
  • Away from buildings, roads (not on lawns/gardens)
  • No fires in sensitive areas (peat, old forests)

Exclusions (even in Scotland):

  • Houses and gardens (obvious)
  • Airfields, railways, quarries (safety)
  • Military bases

Northern Ireland

Access more restricted:

  • No general right to roam
  • Permissive paths (landowner allows but can revoke)
  • State forests (some open access)
  • Wild camping generally requires permission

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