Right To Roam- Wild Camping Legal Rights In Scotland

• Published date: 01 July 2021
• Subject Matter: Litigation, Mediation & Arbitration, Criminal Law, Arbitration & Dispute Resolution, Crime
• Law Firm: Shepherd and Wedderburn LLP
• Author: Mr Stephanie Hepburn

Right to Roam - wild camping in Scotland

The popularity of wild camping following the easing of the first lockdown caused a number of problems for landowners and managers concerned about the impact on the countryside. Now, as we head into a summer of staycations, landowners may wish to familiarise themselves with the public's right of responsible access afforded by the Land Reform (Scotland) Act 2003.

Access rights under the 2003 Act (commonly referred to as the "right to roam") extend to wild camping but the access must be responsible - wild campers must leave no trace of their occupation. The Scottish Outdoor Access Code defines wild camping as "lightweight, done in small numbers and only for two or three nights in any one place" and provides comprehensive guidance as to what responsible access means in practice, although the Code is guidance rather than a definite statement of the law. Wild camping cannot take place in a campervan or motorhome unless a landowner has permitted it.

Campers must respect people's privacy and peace of mind, help land managers and others work safely and effectively, care for the environment and keep dogs under proper control. Unfortunately, not all campers (or access takers) behave responsibly.

What can landowners and land managers do when faced with irresponsible access?

Criminal

In extreme circumstances, irresponsible access may be criminal-threatening behaviour, setting fires, malicious damage and harming wildlife are all potential criminal offences. Access takers also have to comply with road traffic legislation when it comes to parking campervans and motorhomes.

The police have powers under the Antisocial Behaviour etc. (Scotland) Act 2004 to issue on-the-spot fines to people who are behaving in an antisocial manner, and so it is always worth liaising with the police in the event of irresponsible access.

If someone is taking access lawfully and responsibly, this will not amount to trespass, which is defined as a temporary intrusion into land owned by someone else. However, if someone accesses land excluded from the scope of the 2003 Act or acts irresponsibly, they may be trespassing. Although the police have power, in certain circumstances, to remove trespassers from land, trespass is predominantly a civil wrong and more often than not landowners and managers will look to the civil remedies available.

Civil

A court order for interdict (the Scottish equivalent of an injunction) is the primary civil remedy to prevent...