Private land - so why are we walking through it?

One of my little pleasures when guiding guests around the North Highlands comes after we step out of the Land Rover. I invite them to follow me towards a waterfall, a beach or a river where we might watch salmon leaping, and somewhere along the way we reach a gate. “Are we allowed to do this?” somebody asks. I rather enjoy explaining that, yes, we are. The land may belong to somebody, but ownership does not automatically make it off limits. For visitors accustomed to asking permission before crossing somebody’s property, that can take a little getting used to.

Scotland’s access rights allow us to walk over most land, provided we behave responsibly. There are exceptions, including homes, gardens and certain restricted sites. Growing crops are protected, although paths, tracks and field margins can provide a way through without damaging them. You cannot use the 'right to roam' to bypass the admission charge at the castle gardens either. But a fence across open countryside does not, by itself, mean our walk must end. We use a gate where available, leave it as we find it and avoid damage. Some of my American guests tell me that crossing private property back home could bring somebody after them with a dog or a gun. Our walk suddenly offers them something rather unexpected to tell their friends.

What makes this freedom particularly valuable is that a landscape can belong to several different people without looking any different as you cross between their properties. Imagine trying to arrange a long walk while first establishing who owns each stretch and whether they will let you through. Where Scotland’s access rights apply, you do not need that succession of permissions. Scotland has a longstanding tradition of walking in the hills, strengthened by the Land Reform (Scotland) Act 2003. Today, we can plan a walk around what we would like to experience, rather than whose land we might be allowed to cross.

I am always quick to explain that our freedom comes with obligations. The ground beneath our feet may be somebody’s workplace, and our lovely afternoon should not make their working day more difficult. We must respect privacy, avoid damage and disturbance, and take responsibility for ourselves. Land managers have responsibilities towards access too. We will explore those relationships in the rest of this series, along with camping, dogs and ways to enjoy more of the Highlands. For now, I like watching that initial uncertainty give way to the pleasure of being somewhere guests might otherwise have missed.

To learn more, book one of our North Coast Explorer private tours.