*This article was first published in Scottish Gamekeeper magazine, Spring 2026 edition
One of the issues which arises constantly as I enter the ‘training’ season and travel around the country to meet gamekeepers is the question of right to roam and how to handle people coming onto the estate.
The starting point is that, in Scotland, we have the right to roam. I prefer to refer to it as the right to responsible access because, although individuals do have the right to use the land for pastimes, family and social activities, active pursuits and events, including cycling, it is critical that this is done responsibly.
For members, these places where people have a right to responsible access very often represent your workplaces and sometimes tensions can understandably arise. There are three scenarios which come up quite a lot in conversation which I thought would be helpful to cover:
- WILD CAMPING
Camping is permitted under the Scottish Outdoor Access Code, but the common complaints that I come across are:
- People leaving their mess behind;
and
- Fires.
I would encourage people to read the Scottish Outdoor Access Code, which makes clear that, when fires are started, a stove must be used, rather than lighting an open fire, that campers are to leave nothing behind and also that individuals are responsible when using outdoor toilet facilities, including carrying a trowel!
It might help for you to have access to the Scottish Outdoor Access Code pages so that you can refer to them.
- DRONES
The right to roam does not automatically guarantee the right to fly drones. While you can generally take off, land and fly drones on most land, it is important that the CCA Drone Code is also adhered to. There are distance restrictions (the drone must be at least 50 metres away from people, vehicles and buildings and up to 150 metres from large crowds or built-up areas). Drones should not be flown over private homes or gardens, and they must avoid disturbing nesting birds or sensitive wildlife areas.
Given that we have many ground nesting birds on many of the estates I represent, this is also an area on which you should keep a close eye.
- DOG WALKERS
Dogs are not permitted to approach, chase or worry livestock. It can be a criminal offence for someone to do so.
Dogs should be kept on a short lead or at heel in areas with ground nesting birds. Dogs should also not be taken into fields where crops are growing. It is important for dog walkers to manage and remove dog waste. As with most of these things, the non-compliant few often spoil it for the many and give a bad name to other dog walkers.
The Outdoor Access Code is also clear about those issues in general.
There are general rules I would always apply:
If possible, avoid confrontation. Remain polite and calm.
If a situation escalates, walk away from it.
If you think that you are going to be dealing with troublesome people, it is always better to have either a witness present or alternatively to be able to record what you are doing. I have dealt with many cases where a lone worker has been confronted with two or more people. Not only can that be intimidating for the lone worker, but the other group have corroborated evidence. In Scotland, a case cannot be pursued without corroborated evidence, and I never like any member to be outnumbered.
