Owning Open Access land

Looking down
Swinnergill in Swaledale

The Yorkshire Dales National Park Authority is the access authority. In relation to land outside national parks, the access authority is the local highway authority in whose area the land is situated. Access authorities have a statutory duty to set up Local Access Forums for their areas. They also have a range of powers to enable and manage access in their areas. These powers are to:

• make byelaws on Countryside and Rights of Way (CRoW) Act access land in relation to public order, the prevention of damage to the land, or anything on or in it, and to control walkers' behaviour while they are on the land

• appoint wardens, and

• erect and maintain notices indicating the boundaries of CRoW access land, as well as any local restrictions to the right of access or national restrictions set out at Schedule 2 to the Act (for instance excluding camping from the right of access) and any other issues which the access authority feels are appropriate.

People visiting the countryside provide important income for the local economy. Most like to follow a visible route on the ground, prefer using proper access points like gates, and generally want to do the right thing - but as a landowner you can help by:

• Knowing your rights, responsibilities and liabilities

• Making it easy for visitors to act responsibly

• Identifying possible threats to visitors' safety

• Who to contact for more information

Knowing your rights, responsibilities and liabilities

Where can people go and what rules apply to them whilst on your land?

What are your rights and responsibilities towards other people on your land?

Barns in Swaledale

Visitors are allowed to access land in different ways. For more guidance on how this affects you and what your rights, responsibilities and liabilities are, contact the Authority's Ranger Service or  visit the Open Access website.

The Ordnance Survey's 1:25,000 Explorer maps show public rights of way and designated Open Access areas (on maps published from 2005 onwards in the Yorkshire Dales). These maps are generally reliable but not 'definitive'. If you find a problem and want to check the legal staus of rights of way, please contact the Yorkshire Dales National Park Authority.

You can find out which areas of access land are mapped under the CRoW Act on the Countryside Access website, or visit the Yorkshire Dales National Park Authority's Grassington office during office hours.

By law, you must keep rights of way clear and not obstruct people's entry onto access land - it is a criminal offence to discourage rights of public access with misleading signs.

Trespassing is often unintentional - see the 'Managing Public Access' advice sheets on the land managers' section of Countryside Access website for advice on tackling trespass. Alternatively, request a copy from the Open Access Contact Centre on 0845 1 003298.

Making it easy for visitors to act responsibly

How to help people access your land responsibly and follow the Countryside Code?
What help and advice can you get yourself?

Keeping paths, boundaries, waymarks, signs, gates and stiles in good order will help manage access over your land. Contact the National Park Ranger Service to find out what help is available.

Where there is public access through a boundary feature, such as a fence or hedge, use a gap if you can. If this is not practical, use an accessible gate or, if absolutely necessary, a stile. The National Park Authority is willing to help provide the gate in some circumstances so please contact your local Area Ranger.

Encourage respect for your wishes by giving clear, polite guidance where it is needed. For example, telling visitors about your land management operations helps them to avoid getting in your way.

Rubbish attracts other rubbish - by getting rid of items such as farm waste properly, you will discourage fly tipping (dumping rubbish illegally) and encourage others to get rid of their rubbish responsibly.

Identifying possible threats to visitors' safety

Are there any risks to the safety of people on your land, and how can you deal with these risks?

Your duty of care under the Occupiers' Liability Acts of 1957 and 1984 depends on the type of access right. It is therefore important to know what rights, if any, apply to your land. Contact the Country Land and Business Association on 0207 235 0511 or the National Farmers' Union on 0870 8 458458 for more guidance.

Consider possible man-made and natural hazards on your land and draw any risks to the public's attention if they are not obvious.

Avoid using electric fencing and other hazards close to areas that people visit, particularly alongside narrow paths and at the height of a child. The use of plain wire is strongly recommended in place of barbed wire.

Animals likely to attack visitors should not be allowed to roam freely where the public has access - you may be liable for any resulting harm.

Who to contact for more information

There is plenty of information available as follows to help landowners manage their land for Open Access.

For maps and information about access rights under the CRoW Act and for 'Managing Public Access' advice sheets, phone the Open Access Contact Centre on 0845 1 00329 or visit the land managers' sections of either of the two websites listed below:

• Countryside Access website

• Open Access website

For advice and help with specific areas or rights of way, contact:

National Park Authority Ranger Service
Yorkshire Dales National Park Authority
Colvend
Hebden Road
Grassington
Skipton
North Yorkshire
BD23 5LB

0300 456 0030