Understanding Access Rights on Open Country

What Open Access Land Actually Means

Since the Countryside and Rights of Way Act 2000, walkers in England and Wales have a right of access on foot to "open country" — mountain, moor, heath and down — along with registered common land. In the Lake District this covers a tremendous amount of the high fell: the broad shoulders of the Helvellyn range, the boggy tops above Wasdale, the heathery commons scattered between the valleys. From the door of a Lakeland cottage you may be stepping onto access land within minutes, and knowing the rules turns a good day out into a relaxed one.

It helps to be clear about what the right does not include. Access land is walking country only. There is no right to cycle, ride a horse, camp, swim, fish or light a fire on it, and no right to stray onto "excepted land" — buildings and their grounds, farmyards, gardens, quarries, working mines, railways, golf courses and racecourses. You may cross excepted land on a public right of way, but not wander over it at will.

Reading the Ground Before You Leave the Cottage

The Ordnance Survey Explorer maps for the Lake District shade access land in a pale orange or beige, so you can see at a glance where you may roam and where you must keep to rights of way. That shading is the single most useful thing to check the night before a walk. It is also worth glancing at the signs at the main access points — stiles, gates and ladder stiles on open fells often carry a small notice setting out any local restrictions.

• Check the map shading and the boundary of the access land, not just the summit you fancy.
• Look for notices at gates and stiles, which flag closures and seasonal rules.
• If your cottage is in a signal blackspot, download the map before you set off.
• Leave a rough plan with someone, especially in winter, when daylight on the fells is short.

Closures and Seasonal Restrictions

Access is a right, but it is not unconditional. Land managers can close or restrict open access land for up to twenty-eight days in a calendar year without needing anyone's permission — for land management, tree felling, hazardous weather or fire risk — and can apply for longer closures in special circumstances. In practice you will most often meet restrictions on heather moorland managed for grouse, where access is commonly limited for a period from mid-August into December, and during spells of extreme fire risk in a dry spring.

When a closure is in force, it should be signposted on the ground, and the access authority — the national park authority or the local highway authority — publishes the details. If a sign says the fell is closed, that means closed, however tempting the weather. A short detour onto a public footpath is a small price for keeping the right to roam intact for everyone.

Dogs, Livestock and the Ground Rules

Dogs are welcome on access land, but the rules tighten up considerably. Between 1 March and 31 July a dog must be on a short lead — no more than two metres — on open access land, full stop. This protects ground-nesting birds and, above all, lambs. Outside that window, and on any public right of way, a dog should still be on a short lead or firmly under close control wherever there is livestock.

• Keep the lead short and the dog close around sheep, especially ewes with lambs.
• If cattle come towards you, let the dog go rather than trying to hold it — you can both move away faster.
• Never let a dog chase wildlife, however much it wants to.
• A dog that has rolled in something unspeakable in a bog should be hosed down before it meets the cottage carpet.

Gates matter too. A gate you found closed should be closed behind you; a gate clearly propped open should be left as it is. On the fells, a gate left swinging in the wind is how stock ends up on the wrong side of a wall.

Paths, Erosion and the Etiquette of Wandering

Even where you may legally wander anywhere, it is usually better to use a path where one exists. Lakeland uplands are fragile: peat hags cut up by boots take decades to heal, and path erosion on popular ascents has led to years of expensive repair work by volunteers and rangers. Walking on the path, rather than beside it, keeps the damage in one place. Avoid cutting corners on zigzags, and step aside on narrow trods to let others pass — a small courtesy that keeps the fells friendly.

In wet weather, stay off the deepest peat and keep to stone or gravel where you can. If you are exploring from a cottage in Borrowdale or Patterdale, a pair of well-fitting boots and a spare pair of socks will do more for your day than any amount of good intentions.

Where the Right Ends — and Where Good Manners Begin

The boundary of access land is not always obvious. Walls, fences and hedges usually mark it, and the map shading is your guide. Beyond it you may be on private land, a permissive path the farmer can withdraw, or a footpath you are entitled to follow. Be sensible at the edges: give way to farm vehicles, keep out of yards, and never presume that a tidy track leading from a fell gate is fair game.

Most of all, a warm hello and a closed gate will do more for fell access than any legislation. Farmers and landowners who feel respected are far more likely to keep access open, and a few thoughtful habits — reading the signs, obeying a closure, keeping the dog close near livestock — mean the fells stay open for the next walker coming up from the valley. That is a fine thing to have in mind as you pull the cottage door shut behind you and head out into the hills.