Why Access Rights Matter

Walking in the British hills is a privilege and, in many places, a right. But it is not unlimited. The freedom to cross open country depends on a patchwork of public rights of way, access land and permissive paths. Understanding which is which keeps you on the right side of the law and, just as importantly, on good terms with the people who live and work there. Most access is built on tolerance and shared responsibility. A little knowledge goes a long way.

Know What You Are Walking On

In England and Wales, public rights of way are recorded on the definitive map held by the local highway authority. There are four main types:

• Footpaths — you may walk, but not ride a bike or horse.
• Bridleways — you may walk, ride a horse or cycle.
• Restricted byways — you may walk, ride a horse, cycle or drive a horse-drawn carriage, but not use a motor vehicle.
• Byways open to all traffic — you may walk, ride, cycle and drive a motor vehicle, though many are rough tracks used mainly by walkers.

Open access land, created under the Countryside and Rights of Way Act 2000, is different. It covers mountain, moor, heath, down and registered common land, and gives a right to walk — not cycle or camp — away from paths. In Scotland, the Land Reform (Scotland) Act 2003 gives a right of responsible access over most land and inland water, provided you follow the Scottish Outdoor Access Code. In Northern Ireland, rights of way are far more limited, so stick to waymarked paths and permissive routes.

Permissive paths are not public rights of way. They are offered by the landowner and can be closed or diverted at short notice. If a sign says a path is permissive rather than public, respect any conditions attached to it.

Gates, Stiles and the Countryside Code

The golden rule is simple: leave gates as you find them. If a gate is open, leave it open; if it is closed, close it behind you. A gate left open can let livestock onto a road or into the wrong field. A gate closed when it should be open can cut off a farmer’s access. If there is a sign asking you to close the gate, always do so. Use stiles and gaps rather than climbing walls or fences, which damages stonework and barbed wire. Keep to the line of the path where it crosses a field, even if it is muddy. Do not widen a path by walking around wet patches unless the ground is already worn.

Livestock, Dogs and Working Farms

Farm animals are not exhibits. Cows with calves can be protective; give them a wide berth and do not walk between a cow and her calf. If cattle move towards you, stay calm, do not run, and if necessary let your dog off the lead so you can move away without it being chased. Bulls are usually kept away from public paths, but if you meet one, retreat quietly. Sheep are easily spooked, especially during lambing. Keep dogs under control at all times. On public rights of way in England and Wales, dogs should be on a short lead around livestock, and on open access land they must be on a short lead between 1 March and 31 July to protect ground-nesting birds. In Scotland, keep dogs under control and on a short lead around livestock and during the lambing season. Never let a dog chase sheep or wildlife. Clean up after your dog and take the bag away.

Parking, Paths and Common Sense

Parking is a common source of friction. Do not block farm gateways, field entrances, passing places, or narrow lanes. Arrive early, park considerately, and be prepared to walk a little further. If a path is blocked by a fallen tree or an overgrown hedge, report it to the local highway authority rather than forcing a way through a neighbouring field. If you are unsure whether a path is public, check a detailed map — a 1:25,000 scale map shows rights of way clearly. Do not rely on a phone signal in remote areas. Carry a paper map and compass, and know how to use them.

A Shared Countryside

Access rights come with responsibilities. If a farmer or landowner challenges you, stay polite. Explain that you believe you are on a public right of way, but do not argue. If you are wrong, apologise and retreat. In Scotland, access rights do not extend to houses, gardens, or land where crops are growing, and you should avoid farmyards if there is a reasonable alternative. Respect privacy and keep noise down. Take all litter home, including fruit peel and dog bags. Do not light fires or disturb stone walls. Close gates, keep dogs close, and leave the countryside as you found it. The hills are there for everyone, but they are also someone’s workplace. Walk with goodwill, and that welcome will continue.