Trespass To Land - Scotland

Scotland

Trespass is an offence under Scots Law; however, the legislation was amended under the Land Reform (Scotland) Act 2003 which established universal access rights to most land and inland water. These reforms do not apply (hence trespass remains an offence) to:

  • Houses and gardens, and non-residential buildings and associated land;
  • Land in which crops are growing;
  • Land next to a school and used by the school;
  • Sports or playing fields when these are in use and where the exercise of access rights would interfere with such use;
  • Land developed and in use for recreation and where the exercise of access rights would interfere with such use;
  • Golf courses (but you can cross a golf course provided you don’t interfere with any games of golf);
  • Places like airfields, railways, telecommunication sites, military bases and installations, working quarries and construction sites; and
  • Visitor attractions or other places which charge for entry.

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