Managing risk during Scotland's summer surge in countryside access

Written by Euan Forbes and originally published in the Press & Journal

At the time of writing, Scotland is once again in the grip of a summer heatwave. As temperatures rise, so too does the number of people enjoying the countryside and accessing agricultural land for recreation.

Under Scotland's "Right to Roam", introduced by the Land Reform (Scotland) Act 2003, very little private land is off-limits to the public. The legislation grants access rights for a wide range of recreational activities, including walking, horse riding, mountain biking and wild camping. However, these rights must be exercised responsibly and in accordance with the Scottish Outdoor Access Code.

While increased public access is a valued part of Scotland's outdoor culture, it also heightens the risk of accidents, claims and disputes for landowners and occupiers.

Under Scots law, landowners and occupiers owe a duty of care to those entering their land. Importantly, that duty extends beyond invited visitors and includes members of the public exercising their access rights. Given the growing number of people accessing rural land, combined with the many hazards that can exist on working farms it’s vital that landowners and land managers take proactive steps to manage risk.

Drawing on our experience of advising on occupiers' liability claims, there are a number of practical measures that landowners and land managers should consider, particularly during the busy summer months.

1. Carry out regular land inspections
   
   Land managers should periodically walk or drive around areas accessible to the public and assess them from a visitor's perspective. Are there any obvious hazards that need to be removed or repaired? Should warning signs be erected? Are fences, gates and other boundary features secure and in good condition?
   
   Regular inspections can help identify issues before they result in an accident.
   
   
2. Manage livestock safely
   
   Livestock should always be securely contained within fields and prevented from straying on to public roads or footpaths. Particular care should be taken with animals that may pose a heightened risk, such as bulls, which should be kept away from areas of regular public access wherever possible.
   
   Appropriate signage should be displayed at field entrances, warning visitors of the presence of livestock and reminding dog owners to keep pets under close control.
   
   
3. Secure buildings and machinery
   
   Although access rights do not generally extend to farm buildings, occupiers' liability claims can still arise if individuals enter these areas and suffer injury.
   
   Where possible, farm buildings should be locked and secured, particularly when they are unattended. Likewise, machinery and equipment should be stored safely and, where practical, kept away from areas frequented by the public when not in use.
   
   
4. Use appropriate warning signage
   
   Some risks cannot reasonably be removed altogether. Features such as ponds, open water, steep embankments or structures in a poor state of repair may remain present on agricultural land.
   
   In these circumstances, clear and proportionate signage can play an important role in highlighting potential hazards and advising visitors of the precautions they should take.
   
   
5. Keep accurate records
   
   Despite everyone's best efforts, accidents can still occur. In the event of a claim, it may be necessary to demonstrate the steps that were taken to identify and address risks.
   
   Landowners and managers should therefore maintain records of inspections and undertake safety measures. These records don’t need to be lengthy, but they should clearly document when inspections took place, any hazards identified and the actions taken to address them.
   
   
6. Prevention is better than cure
   
   Taking a proactive approach to risk management benefits both landowners and the wider public. By identifying hazards, maintaining clear records and implementing sensible safety measures, farmers and land managers can help reduce the likelihood of accidents while protecting their businesses against future claims.

 

As visitor numbers continue to rise during the summer months, a little preparation today could prevent significant problems tomorrow.