What
are the changes? |
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Land Reform not only extends this right to horse
riders but also provides walkers, riders and cyclists access rights
to arable farm land, grass fields, woodland, forests and paths.
The Scottish Outdoor Access Code ‘provides detailed guidance
on the responsibilities of those exercising access rights’
and all horse riders should be conversant with the SOAC. This document
is available online at www.outdooraccess-scotland.com
and we ask you to READ it and understand the many nuances inherent
in it. Below are a few extracts to let you see some of the changes.
A summary of your access
rights
1. Everyone, whatever their
age or ability, has access rights established by the Land
Reform (Scotland) Act 2003. You only have access rights if
you exercise them responsibly.
2. You can exercise these
rights, provided you do so responsibly, over most land and
inland water in Scotland, including mountains, moorland, woods
and forests, grassland, margins of fields in which crops are
growing, paths and tracks, rivers and lochs, the coast and
most parks and open spaces. Access rights can be exercised
at any time of the day or night.
3. You can exercise access
rights for recreational purposes (such as pastimes, family
and social activities, and more active pursuits like horse
riding, cycling, wild camping and taking part in events),
educational purposes (concerned with furthering a person’s
understanding of the natural and cultural heritage), some
commercial purposes (where the activities are the same as
those done by the general public) and for crossing over land
or water.
4. Existing rights, including
public rights of way and navigation, and existing rights on
the foreshore.
5. The main places where access
rights do not apply are: houses and gardens, and non-residential
buildings and associated land; land in which crops are growing;
land next to a school and used by the school; sports or playing
fields when these are in use and where the exercise of access
rights would interfere with such use; land developed and in
use for recreation and where the exercise of access rights
would interfere with such use; golf courses (but you can cross
a golf course provided you don’t interfere with any
games of golf); places like airfields, railways, telecommunication
sites, military bases and installations, working quarries
and construction sites; and visitor attractions or other places
which charge for entry.
Source: Scottish Outdoor Access
Code Part 2 |
Horse riding
Access rights extend to horse
riding. Riding on firm or hard surfaces, such as wide paths
and tracks and well-drained ground, causes few problems. On
narrow routes, horse riding may cause problems for other people,
such as walkers and cyclists. If this occurs, take extra care
by giving way to walkers where possible or by looking for
an alternative route. If you are riding off-path, particularly
in winter, take care to avoid: going onto wet, boggy or soft
ground; and churning up the surface.Take care not to alarm
farm animals and wildlife, particularly if you go round a
field margin. Do not go into fields where there are grazing
horses or animals that might be a danger. Get permission if
you wish to carry out repetitive schooling on other people’s
land or wish to use jumps or custom-made gallops when these
are not in use.Where possible, work with your local authority
to help identify paths or routes across your land which are
suitable for horse riding and help to integrate access and
land management.Source:
Scottish Outdoor Access Code
Part 5 |
Where
you can ride |
|
Our new rights are extensive. For example, you
will be able to ride round fields where machinery is working, enter
fields where farm animals are grazing, access forests and woods
and ride on the many paths and tracks that already exist. However,
do be careful and exercise caution in all these situations. Young
bullocks can charge and even older animals may be aggressive if
unused to horses in their territory. Scaring ewes and lambs will
make you unpopular with the farmer. Are you be able to control your
horse among stampedingstampeding animals? How does your horse react
to lamas? Please note that you are not permitted to ride through
fields of other people’s horses. How would you feel if someone
rode through yours? Further details of where you can ride can be
found on www.outdooraccess-scotland.com
Fields which are being ploughed
or where crops are being harvested:
Access rights extend to such fields but do
not hinder such work. If you encounter such work while it
is underway, proceed carefully, keep a safe distance and follow
any advice provided by the land manager. It might be safest
to go into a neighbouring field or keep to the edge of the
field.
Fields with farm animalsAccess rights extend
to such fields, but remember that some animals, particularly
cows with calves but also horses, pigs and farmed deer, can
react aggressively towards people. Before entering a field,
check to see what alternatives there are. If you are in a
field of farm animals, keep a safe distance and watch them
carefully. If you have a dog with you, see the guidance on
dogs above.
Forests and woodsYou can exercise access rights
in forests and woods. If you are cycling or horse riding,
keeping to suitable paths and tracks can help to minimise
any damage. If you have a dog with you, keep it under close
control or on a short lead during the spring (April to July)
so that breeding birds are not disturbed.
Livestock might be present in some forests
and woods so take care if you come across any animals. Be
careful not to trample young trees.
Paths and tracksAccess rights extend to all
paths and tracks except where they go over land on which access
rights do not apply. Rights of way are unaffected by the legislation.
Access rights apply off-path, but when you are close to houses
or in fields of crops or in places where the environment is
particularly vulnerable to damage, it may be sensible to follow
paths and tracks where they exist. This can help to facilitate
access and help safeguard the interests of land managers and
the environment.
Scottish Outdoor Access Code
Part 5 |
If you are unsure of how your horse may behave
or your ability to keep control please think twice about putting
yourself in an unknown situation. Take the time to ride out with
a quieter horse and take things slowly over steep or uneven terrain.
The countryside is a busy place with farm and forestry machinery,
delivery lorries and domestic traffic all going about their everyday
business. We consider that one of the main reasons fo r horse riders
to exploit these rights is the need to provide off-road riding to
reduce road accidents. However, we doubt that everything will run
smoothly.
Questions and Answers |
|
Can I ride through fields?
You can not ride through fields where crops are growing
- but you can ride round the margins (SOAC page 9). If you can’t
tell the difference between newly germinated barley and grass, then
FIND OUT. Similarly, a stubble field might be undersown with grass
– would you know if it were? Do not go across, go around.
You can ride through fields of cattle and sheep but this is not
a particularly clever thing to do, especially during the breeding
season. You can not ride through other people’s horses.
What if I constantly churn up the tracks I ride?
Ground can be repaired and churning up a bit of ground
is preferable to having children and ponies being churned up by
traffic. If the ground becomes easily damaged suggest an alternative
off road route or ask to have the surface improved or upgraded with
drainage or resurfacing work. This is all within the remit of your
Local Authority. If your local tracks are being damaged by farm
vehicles, log lorries, army trucks or anything else, you are within
your rights to report the situation.
What are my rights where shooting goes on?
There are guidance codes for shooting – see
the Code for Shooters section of thise website. However, if like
us, you are told that you or your dog might be shot because you
could be mistaken for a deer, phone the Police so that people who
can’t tell the difference between humans/ dogs/ horses and
deer can be disarmed immediately. These people should not have a
gun licence!
If your neighbouring landowners shoot regularly ask them to let
you know in advance when this will be happening or find out the
dates of the ‘shooting season’ and give them a ring;
they should be able to give you advance warning of where they plan
to be.
Can I take my dog?
Unless you are riding on your own land, or have permission
to do so, we advise you to leave your dog at home. Having your canine
friend with you could compromise any insurance policy you may have
either personal, for your horse or third party; read the small print.
According to the Act dogs have to be ‘under reasonable total
control’. Could you prove, in a court of law, that yours is?
Remember it is illegal to let dogs run loose in fields of livestock
or to foul in a public place. Also, if your dog were to chase a
hare or a deer you could be arrested for hunting so put a muzzle
on him.
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