There are various things that the rambler cannot do (eg light fires, feed livestock, use metal detectors) that we summarised in last month’s issue. In addition, some land is ‘excepted’ from the right to roam. Specifically: land that has been ploughed or drilled for crops in the last 12 months; in the curtilage of a building; within 20 metres of a dwelling; used as a park, garden, golf course, race course, or aerodrome; within 20 metres of a permanent building that houses livestock; land covered by temporary pens for livestock; or land that is habitually used for training horses or livestock.

Most of these exceptions are straightforward but there could well be arguments when defining (eg what comes within the curtilage of a building). Whilst all such ‘excepted’ land is exempt from the right to roam, a landowner can also apply to the Countryside Agency (or National Park) for additional exclusions:

• 28 day allowance: the freehold owner or agricultural T can apply for any part (or all) of his land to be excluded for up to 28 days pa (excluding specified weekends and holidays). This can be done on a minimum of five days' notice. Since the notice can cover all or part of the land, there is considerable scope for selective and staggered exclusions and restrictions. There is also a short notice procedure (two hours' notice) to exclude land under five hectares for up to five days (s22);
• dogs: the freehold owner (not T) can prohibit access with dogs for up to six weeks pa, for fields and enclosures of less than 15 hectares, for lambing. There is also a power to ban dogs for up to five years on grouse moors (s23);
• land management: additional exclusion periods can be obtained for land management reasons. In practice, this is likely to be used when the 28- day periods have already been used up. Note that anyone (L, T, or someone using common rights) can make the application (s25).

For more on this see excellent article in [2004] SJ 1107.  © Practical Lawyer