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Countryside and Rights of Way Act 2000 |
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Following a painful passage through Parliament and a slow implementation process, the open access provisions contained in the Countryside and Rights of Way Act 2000 are now a reality.
Open access is being introduced gradually and started with the Lower North West and South East on 19 September 2004. All areas are expected to be open by Autumn 2005.
The Act creates new rights for people to walk on areas of open countryside and registered common land. There are exceptions (known as 'excepted land') including land under cultivation, working quarries, land within 20 metres of buildings or livestock accommodation, golf courses, parks and racecourses. Most Ministry of Defence land is also excepted.
The right of access only extends to walking, running, climbing, bird watching and picnicking. The Act does not grant rights for horse riding, cycling or cars, but existing rights such as horse riding on a bridleway remain unaffected.
Landowners expressed a number of concerns regarding the Act, including liability to walkers injured whilst exercising their rights of open access. This concern has been met by providing that persons exercising the rights are not to be treated as visitors for the purposes of the Occupiers Liability Act 1957. In fact the duty of care owed is only equivalent to that of a trespasser. This is a much lower burden and can be discharged with the erection of suitable notices on the land, warning of hazards.
This publication is intended for general guidance and represents our understanding of the relevant law and practice as at February 2005. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.
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January 2005 |
