Yeh but none of that happens though. 99.9% of the time there is no issue. People can go where they like in Scotland but are not allowed to cause damage and it works just fine.
I'm totally in agreement with it and think it should be extended even further. No time for landowners denying access for no reason other than they own the land.
I would respectfully disagree. We have umpteen encounters with people popping up where they shouldnt, dogs off the leash, kids leaving the footpath to go climbing around in trees and whatnot. I was stalking a few months back and found a group of kids out geocaching and they were totally off the footpath - How is that safe? What happens if they climb a tree and fall out? Who's liable?
I heard not that long ago about a farmer who had a tree on his land that local kids liked to climb. It was well away from any footpath but the kids still used to go to it, and he didnt have the heart to cut it down as he could see how much fun they were having. One day one of the kids fell out of the tree and did themselves a fairly serious injury and guess what? The parents sued the farmer, he was found liable because he knew kids climbed the tree and hadnt done anything to prevent them from doing so. The resultant payout meant he had to sell his farm and he lost everything.
And bearing in mind I am only out on the ground 1 day a week I would say I have an encounter every couple of months. I'd have to ask the gamekeeper how often he sees people where they shouldnt be but I do know its a constant challenge he's dealing with.
Landowners arent denying access just because they own the land. They are denying access because they (or the people they have let the land to) are running a business on the ground and dont want Jonny Dog Walker marching through it in his Hunter wellies and Barbour, and because its for peoples own safety that they stick to the footpath. If I'm out stalking I know where the paths are so if some random sticks his head out from behind a tree where he's not meant to be then thats hardly safe for them.
One of the areas on our ground has recently had a barn converted into a series of houses and the estate agents have clearly been telling all the prospective buyers "Look how close you are to the country, you can just walk out your front door and you're right there."
So the last few months have been an education process of yelling at various new local residents to educate them that no, you CANT just walk out your front door with your dog and go where you like, you have to stick to the footpaths and no I dont care that you have to walk down 30ft of road to get to the entrance to the footpath and yes this is exactly the same as if I came tramping through your garden stalking deer and you wouldnt be very happy about that.
I personally think there are more issues created with right to roam than are solved by it, and the denser the population gets in a location the worse the problem. Go into the countryside by all means but stick to the paths.