Open access land: management, rights and responsibilities

Overview

The Countryside and Rights of Way Act 2000 (CROW Act) normally gives a public right of access to land mapped as ‘openopen country’country (mountain, moor, heath andor down) or registered common land. These areas are known as ‘open access land’.

The online Youmaps canshow find out if the public has a right of access to landland. underThey also have details of any local restrictions or exclusions that limit the CROWpublic’s Actrights usingover them. Some of the onlinemapped mapsareas do not have access rights because they are excepted land.

Much of the the coastal margin that’s that’s being created as part of the work to implement the King Charles III England Coast Path (KCIIIECP) is also open access land.land. Open stretches of the KCIIIECP are shown on the National Trails website

Registered common land is land other than coastal margin which is registered as common under the Commons Registration Act 1965. If land ceases to be registered it will retain open access rights if it qualifies as open country or has been dedicated for access.

You are not required to create new ways for people to reach open access land over neighbouring land. 

What people can do on your land

People can normally access your open access land onfor foot.open-air Theyrecreation can:provided they do not break or damage any wall, fence, hedge, stile or gate. Providing clear access points may help people use your land responsibly.

 Examples of open-air recreation are:

• walkwalking
• sightseesightseeing
• bird-watchbird-watching
• climbclimbing
• runrunning
• skiing (either cross-country or downhill)
• snowboarding

There’sVisitors ato generalyour ruleland thatmay visitorsbe usingable theirto opencarry accessout rightsother mustactivities:

• if keepthey dogshave on a shortpublic leadright of noway moreover thanthe 2land metressuch betweenas 1a Marchbridleway andor 31byway
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• if coastalthey margin)have andyour at all times near livestock.
  permission

InThe theright coastalof margin,access dogscannot must be underrelied effectiveon controlto atundertake allsuch times.

Inactivities someas circumstancespolitical yourallies, canfilming excludeactivities peopleand withkite-surfing. dogsBut completelyas fromthe smalllandowner, lambingyou fieldscan andallow grouseextra moors.activities Seeon the restrictions guidance for more information.land.

What people cannot do on your land

TheThere CROWis Act has a national list of general restrictions that limit what people using their open access rights may do,do. unlessUnless you give them permission toor dothey somethinghave ona theseparate list, or the right to do somethingso, alreadythey exists.

They cannot:

• ride a horse or bicycle on the land
• drive a vehicle (except mobility scooters and powered wheelchairs)
• bring an animal, other than a dog
• use a vessel or sailboard on any non-tidal water
• camp
• play organised games - this includes competitive games that use a set pitch or defined area of play, organised starts and finishes and associated equipment (a family group or a small group of friends engaging in games such as rounders, cricket or playing with a frisbee are not playing organised games)
• hang-glide or paraglide
• use a metal detector

• runlight, cause or risk a fire

• hunt, shoot, or trap or snare animals or birds 
• fish, unless they are doing this in tidal water from the coastal margin
• feed any livestock
• undertake commercial activities on the land such as:
  • tradetrading or sellselling
  • chargecharging other visitors for things theydone do on your land
• film,commercial photographfilming or makephotography
• making maps

intentionally remove, damage, or destroy any plant, shrub, tree or root with intent

light, cause or risk a fire

damage hedges, fences, walls, crops or anything else on the land

leave gates open, that are not propped or fastened open

leave litter

intentionally or recklessly disturb livestock, wildlife or habitats

disturb, withannoy intentor obstruct others

post any notices

commit any criminal offence

Land

A thatperson doesbecomes a trespasser if they fail to comply with these rules or with local restrictions, and would be expected to leave the land if asked to do so by the landowner or their representative. They may not havethen publicuse the open access

rights to return to that land or any other land in the same ownership for 72 hours.

TheTrespass CROWis Acta excludescommon law matter but an owner has the rightoption to seek a court injunction against a person who is persistently trespassing in this way. A breach of accessany resultant court injunction would be a matter for the police to landdeal knownwith.

Land asthat does not have public access

Open access rights do not apply on ‘excepted land’ even ifwhere itthe appearsland is mapped as open accesscountry landor onregistered maps,common suchland as(see CROWthe Actonline maps.), or is in the coastal margin.

ExceptedTypes of land includes:that are fully excepted include:

• buildings and their curtilage, such as courtyards
• land within 20 metres of a dwelling or building containing livestock
• parks and gardens
• land covered by structures like electricity substations, wind turbines or telephone masts (though this does not prevent use of access land around them)
• quarries and other active mineral workings
• railways and tramways
• golf courses and race courses
• aerodromes
• land being lawfully developed inand onewhich ofwill thebecome waysexcepted aboveland in future
• land ploughed for the growing of crops or trees within the past year
• temporary livestock pens
• racehorse training gallops – at certain times
• land under Ministry of Defence byelaws, such as most military training areas

Some of these exceptions aredo differentnot apply at all, or apply differently, in the coastal margin - see see land that does not have public access in the coastal margin.

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Many liabilitytypes toof theexcepted public

Unlessland youwill setbe outobvious to createpeople aon risk,the orground. areIf recklessyou aboutown whetherland ayou riskconsider isfalls created,within you’reone notof liablethe forcategories, anyyou injurymay causedwish by:

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• anyEngland ditchcannot orcomment pond,on whetherindividual naturalcircumstances. 

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• peoplepublic passingaccess over,rights undermay orapply throughinstead aof wall,CROW fencerights. orThese gate,may exceptinclude ifhorse they’reriding. These makingrights properand usetheir ofmanagement aarrangements gateremain oreven stile

Inwhere the coastalland marginappears nexton to the KCIIIECPCROW, you’reaccess notmaps. liableBecause forthe anyCROW injuryrights causeddo bynot anyapply physical feature on thethese land,areas whether(known it’sas asection natural15 featureland), ofneither themay landscapeCROW orlocal arestrictions man-madebe one.used there.

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Dogs

People moremay informationwalk seetheir Liabilitiesdogs on coastalaccess marginsland whichand hasthe beenKing developedCharles byIII England Coast Path. 

In the Countrycoastal Landmargin, anddogs Businessmust Associationbe withkept inputunder fromeffective Naturalcontrol Englandat all times and theon Departmenta forshort Environment,lead Foodof andno Ruralmore Affairsthan (Defra).

Charges

You2 cannotmetres chargeat visitorsall fortimes near livestock. On other open access butland youthe cansame chargeshort forleads goods,rule servicesapplies near livestock and facilities,also forapplies examplebetween parking1 March and entry31 toJuly attractions.

Developmenteach onyear. yourThe land

access rights do not include professional dog walking.

YouIn cansome developcircumstances youryou landcan subjectexclude topeople approvalwith fromdogs yourcompletely localfrom planningsmall authority.lambing Contactfields Naturaland Englandgrouse aboutmoors, youror plansapply iffor yourrestrictions developmentfor mayother affectland themanagement KCIIIECP or apublic sitesafety ofreasons. See specialthe restrictions scientificguidance for interestmore (SSSI).information.

Manage public access on your land

UseYou can use informal measures such as signage or legal restrictions to help manage public access and avoid conflict with your land management activities. Signs or verbal requests can be more effective than legal restrictions because:

• they can be put in place at short notice
• they do not require advanced notice or approval
• they can be used in all situations where they’re useful
• visitors are more likely to follow instructions suggesting what they can do rather than a legal restriction which tells them what they cannot do
• your reduced occupier’s liability does not apply when legal restrictions are in place

If informal measures do not work, you might be able to to restrict public access. The public can can comment on restrictions due due to last more than 6 months.

You can mark the boundaries of open access land with the open access symbol. The ECPKing willCharles beIII England Coast Path is signed with the National Trails ‘acorn’ symbol. See the the Countryside Code for for more information about these symbols. The Countryside Code sets out the responsibilities for visitors to the countryside and those who manage the land. You can print a summary and display it on your land.

It’s an offence to display signs or notices that contain false or misleading information.

Your ‘access authority’ (the local authority, or where relevant the national park authority) oversees access rights under the CROW Act in your area and on the King Charles III England Coast Path.

They can advise you on managing access if you’re having problems. They have powers to:

• make byelaws
• appoint wardens
• erect and maintain notices
• deal with any obstruction of access
• improve ways for people to get to access land or the King Charles III England Coast Path

Local highway authorities have powers to make public right of way creation agreements with landowners or where necessary path orders.

Find out who your access or highway authority is by searching for your local council on GOV.UK.

Natural England cannot comment on individual circumstances.

Your liability to the public

Unless you set out to create a risk, or are reckless about whether a risk is created, you’re not liable for any injury caused by:

• any natural feature of the landscape including any tree, shrub, plant, river or stream
• any ditch or pond, whether natural or not
• people passing over, under or through a wall, fence or gate, except if they’re making proper use of a gate or stile

In the coastal margin next to the King Charles III England Coast Path, you’re also not liable for any injury caused by any physical feature on the land, whether it’s a natural feature of the landscape or a human-made one.

The interpretation of the legislation on liability to the public is a matter for the courts to decide. Anyone seeking legal advice on a particular case is advised to consult a lawyer. For more information see Liabilities on coastal margins which has been developed by the Country Land and Business Association with input from Natural England and the Department for Environment, Food and Rural Affairs (Defra).

Charges

You cannot charge visitors to use open access land for open-air recreation but you can charge for goods, services and facilities. For example, parking and entry to attractions.

Development on your land

You can develop open access land subject to approval from your local planning authority.

Open your land for public access

If you own land, or hold a lease which has more than 90 years left to run, you can voluntarily create public access rights by dedicating the land under under section 16 of the the CROW Act.

This dedication is permanent (or, where appropriate, lasts for the duration of the long lease), so the rights will continue to apply when you no longer own the land.

You can use a dedication to:

• provide a legal public right of access to land (such as woodland) that would not otherwise be covered by the the CROW Act
• make sure that public access remains available even if the land ceases to be open access land by any other means
• allow public access to areas in the coastal margin that are usually excepted land

You can also allow additional recreational activities to take place on your open access land by relaxing or removing one or more of the the general restrictions, for example to allow people to ride horses. This can be done either through a permanent dedication, or by agreeing to a ‘direction’ that makes this change indefinitely or for a specified period of time.

ContactYour theaccess Open Access Contact Centreauthority for further advice on dedicating land or relaxing or removing general restrictions.

Public access enforcement

Your ‘access authority’ (the local authority, or where relevant the national park authority) overseeshas access rights under the CROW Act in your area.

They can advise you on managing access if you’re having problems. They also have powers to dealenter withinto anyagreements unnecessarywith obstructionlandowners ofto access,open orup, to improve waysor forrepair peoplemeans to get into areas of access land.access. 

Find out who your access authority is by searching for your local council on GOV.UK.

Review of open access maps

Natural England must review by 31 December 2030 the open access maps theyof mountain, moor, heath, down and registered common that were issued in 2004 and 20052005.

The byreview 31must Decemberensure 2030.all Theseland mapsof showthis mountain,type moor,is heath,included down and registeredthere common.are Theno aimerrors.

Land iscan toonly confirmbe thatremoved allfrom thesethe landmap typesif areit includedis andno thelonger mapsmountain, aremoorland, accurate.downland or heathland, or registered common land.

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