Frequently asked questions about open access
- Q: What are the new access rights?
- Q: What is access land?
- Q: What is open country?
- Q: What is registered common land?
- Q: What activities are allowed?
- Q: What activities are not allowed?
- Q: How do I find access land?
- Q: What about my dog?
- Q: Will there be any restrictions?
- Q: What is 'excepted' land?
- Q: Am I legally responsible for users' safety on my land?
- Q: How will the access rules be enforced?
- Q: What do I do if I need to exclude or restrict access?
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Q: What are the new access rights?
A: Part I of the Countryside and Rights of Way Act 2000 (CROW Act) grants a right of public access to 'access land' for the purposes of open-air recreation on foot. This right is known as 'open access' but has often been called the 'Right to Roam'.
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Q: What is access land?
A: Access land consists of 'open country' and 'registered common land'. Access land wasn't specially selected as being suitable for recreation, it was mapped because it came into one of these categories. Sometimes it may not be suitable for you (eg some of Dorset's downland is very steep, some of Dorset's heathland is very prickly or boggy!). On the other hand it does open up whole new areas of countryside for enjoyable, responsible use.
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Q: What is open country?
A: Land that appeared to the Countryside Agency to consist wholly or predominantly of mountain, moor, down or heath was mapped as open country. In Dorset, the majority of open country is heath or downland.
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Q: What is registered common land?
A: Registered common land refers to land registered as common under the Commons Registration Act 1965. To find out more about commons, follow the link on the right to the Natural England website.
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Q: What activities are allowed?
A: The CROW Act gives people a right to use access land for the purposes of open air recreation. Most activities on foot are allowed, for example:
Read more about What activities are allowed?
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Q: What activities are not allowed?
A: The new rights only apply to access on foot. Examples of activities that are not allowed include:
Read more about What activities are not allowed?
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Q: How do I find access land?
A: Access land is shown on Ordnance Survey Explorer maps with the 'brown man walking' open access logo on the cover. In some cases land shown as access land on the OS maps has since been excluded, so the maps are not definitive.
Read more about How do I find access land?
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Q: What about my dog?
A: On access land, you must keep your dog on a short fixed lead (no more than 2m in length) near livestock and from 1 March until 31 July, to protect nesting birds.
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Q: Will there be any restrictions?
A: There will sometimes be local restrictions on the new access rights for reasons such as land management, public safety, nature and heritage conservation. There may be signs that tell you about the restrictions, or you can check for restrictions on the maps on the countryside access website.
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Q: What is 'excepted' land?
A: Excepted land is land on which the right of access is not available, even if it appears on maps of access land. It includes:
Read more about What is 'excepted' land?
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Q: Am I legally responsible for users' safety on my land?
A: The occupier of open access land (normally the landowner or farm tenant) has a lower duty of care to people using the right of access than is currently owed to trespassers. Occupiers will still usually need to take reasonable care so that people using the right of access, and trespassers, do not suffer injury because of a known hazard on the land. However, whenever the CROW access rights are in force, occupiers will not face any liability in respect of accidents that result from natural features of the land, such as rocks, trees, rivers, streams, trees, ditches or ponds.
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Q: How will the access rules be enforced?
A: The law of trespass will still apply if people are exceeding their rights or ignoring restrictions.
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Q: What do I do if I need to exclude or restrict access?
A: As a land owner or tenant of CROW access land you have discretionary powers to restrict CROW access rights. These include:
Read more about What do I do if I need to exclude or restrict access?
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