Know Before You Go: Scotland’s Right to Roam

In the dear old United States, where I’m from and live, on the edge of any wild area you’re more likely to see a ‘NO TRESPASSING’ sign than a trail head welcoming you to explore. Drive down country lanes from Appalachia to the Rockies and the enduring memory might just be the parade of blaze orange ‘NO TRESPASSING,’ ‘NO HUNTING,’ ‘POSTED,’ ‘TRESPASSERS WILL BE PROSECUTED,’ etc. signs nailed onto trees every few miles. It’s an unfortunate shroud to wrap our beautiful places in, a consequence of our litigious society and overblown fears of liability and the ill intentions of our neighbors (a poor commentary on ourselves if there ever was one). There are literally reams of arcane law codes defining the consequences of trespassing on private property for each state, from misdemeanors and felonies to fines and imprisonment. My country, ’tis of thee, sweet land of liberty, of thee I write.

But that’s the end of my treatise on trespassing in the United States. I present it up front as a counterpoint: Residents and visitors have no freedom to travel across private property. You might be surrounded by gorgeous northern countryside, but if you cross a crotchety property owner, well, things could go south quick.

On the other hand, there’s Scotland.

Residents and visitors to Scotland have the right to access most land and inland water including mountains, moorland, woods and forests, grassland, fields, rivers and lochs, coastal areas, most parks and open spaces, golf courses (to cross them), day and night, providing you do so responsibly. You can also undertake pastimes, family and social activities, horse riding, walking, cycling, climbing and wild camping.

Think about that for a second. You can do all those things irrespective of the property owner’s wishes, and by baking it into law it contributes more to a sense of stewardship than ownership, and that’s a philosophy I can get behind.

The above rights come from the Scottish Outdoor Access Code, part of The Land Reform Act of 2003, and it all boils down to treating the land with respect and using common sense. This right is colloquially known as Scotland’s ‘right to roam,’ and it is an integral part of enjoying a trip to Scotland that often gets lost in the crush of planning. I recommend that anyone going to Scotland read the Scottish Outdoor Access Code so they understand the freedoms and parameters of this glorious act.

Now I don’t want to put too rosy of a sheen on Scotland’s land management — Scotland is not a socialist nirvana. According to some, Scotland has the most inequitable land ownership in the west. In fact, half of Scotland is owned by just 500 people, many of them not even Scottish. Can you imagine America’s draconian land access scheme in Scotland where the land is owned by so few? A visit to Scotland would involve appreciating the finer details of pavement and fencing. Beyond access rights, the Land Reform Act also included provisions for a community’s right to buy land when it is put up for sale and crofters to purchase the land they work even if said land isn’t for sale. I can’t say how these latter two parts of the act have functioned in the last 13 years but in them you can see the Scottish government’s attempt to begin balancing land ownership.

We can assume that something like the Land Reform Act needed to happen in Scotland — the country is far too beautiful to cordon it off and tourism dollars too important — and yet I’m still impressed the Scottish government was functional enough to pass an act that chips away at feudal law. My first visit to Scotland happened just a month before this act was passed. I wasn’t aware of it or really what difference it would make, but now I see that it plays a huge role in my enjoyment of traveling around Scotland. It brings back wanderlust, exploration, serendipity, and a bit of magic.

The thought of a ‘right to roam’ bill in the United States makes me cringe. Land ownership is in the hands of millions of citizens — hands that often clutch guns — and without a sister bill that introduces sensible and restrictive gun ownership I fear the road is long to a right to roam. In the meantime, enjoy Scotland’s freedom from garish signage and get roaming!