Author Topic: Access road  (Read 535 times)

SmithJ

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Access road
« on: 07:17:29, 07/04/21 »
What are the Scottish rules for members of the public when walking through a farm on a tarmac road that leads to a tractor made path that then leads onto a public cycle path

WhitstableDave

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Re: Access road
« Reply #1 on: 09:15:04, 07/04/21 »
I'm sure others will be more expert on the question, but the access rights for Scotland do not apply near buildings and residences. So if the tarmac road that goes through the farm actually goes through a farmyard where there's a house and/or buildings, then I doubt you'd have the right to roam there.

richardh1905

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Re: Access road
« Reply #2 on: 11:42:15, 07/04/21 »
Welcome to the forum  :)
As someone who has relatively recently moved from Scotland, I agree with Dave's interpretation. You do have the right to responsibly work your way around the farmyard through fields etc, but this is not always practical due to fences, ditches etc.
WildAboutWalking - Join me on my walks through the wilder parts of Britain

vizzavona

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Re: Access road
« Reply #3 on: 14:03:54, 07/04/21 »
I would be surprised if this approach is the only one by which to reach the public cycle path?
This has come up recently as a topic for discussion regarding access for a walk close to Glasgow. Well something perhaps similar?
For the area where access was asked about there is, a oouple of kls. Up the road,  a parking area with a marked viewpoint and paths leading away from the area in the direction of the places wanted to be visited.
I guess that with this query a solution without any conflict needed.

Eyelet

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Re: Access road
« Reply #4 on: 20:14:41, 07/04/21 »
It might be helpful if you posted the grid reference of the farmyard.

I can think of plenty of farmyards with tracks through them in the Scotland Borders where I have walked recently (and guidebooks also have routes through) where there are no access issues in following the track through the farm yard. Some other farms wish to redirect people around the outside of the farm and indicate a path which should be followed and this is entirely reasonable.  Of course you could always politely enquire at the farm. O0

The Scottish Outdoor Access Code is very worthwhile reading if you want to understand the rules and their interpretation. It states:

Access through farmyards and other buildings and associated land
3.40 Access rights do not extend to farmyards. Farmyards are often busy places and so health and safety may be a particular issue. Many farmers also have concerns about security and privacy. However, traditionally, access to the countryside is often taken through farmyards. Using paths and tracks will often be the best means of access and will help the land manager. Accordingly, farmers are encouraged to continue to allow people to go through farmyards where this would not interfere unreasonably with land management requirements or privacy.

3.41 If you are following a path or track which goes through a farmyard, the guidance is as follows:
if the route is a right of way or a core path, then you can follow this through the farmyard at any time;
if a reasonable, passable alternative route is signposted around the farmyard and buildings, then follow this. In the absence of a right of way, core path or a reasonable, signposted route around the farmyard and buildings, you:
might be able to go through the farmyard if the farmer is content or if access has been taken on a customary basis in the past;
could exercise your access rights to go around the farmyard and buildings. If you do go through a farmyard, proceed safely and carefully, watch out for moving vehicles and livestock, and respect the privacy of people living on the farm.

In practice, exercising access rights responsibly is about making informed decisions about what it is reasonable to do in everyday situations using common sense.

Lots of examples are given.

 

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