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CRoW Access: Rights and Responsibilities – Frequently Asked Questions
Information Sheet 1

What are the new access rights given by the CRoW Act?

Part I of the CRoW Act (2000) grants a general right of public access to CRoW Act 'access land' for the purposes of open-air recreation.

What is ‘access land’?

Access land is where there is a right of access to an area rather than just to linear routes (such as footpaths or bridleways). This area-wide access is also known as ‘open access’.

Is this a ‘right to roam’?

No, open access is not a completely free right to roam because:

you do not have right of access outside of the defined boundaries of the access land;

there may be places within the access land where you are not allowed to go because it is excepted land where there is no right of access e.g. near buildings and in gardens. (See Information Sheet 4 on Excepted Land for a full list of these areas).

there may be restrictions on the open access rights, which either close the land completely or restrict access to it (see Information Sheets 5 and 7 on CRoW Act Restrictions and Exclusions).

What areas are covered by the new CRoW Act open access rights?

The right of access under the CRoW Act applies to areas that have been defined as ‘Open Country’ (mountain, moor, heath and downland). Generally it also applies to registered common land, but as the Dartmoor Commons Act (1985) PDF icon (180Kb - PDF Help) already gives a right of open access to the commons, that element of the CRoW Act rights will not apply here and the access rights under the Dartmoor Commons Act remain in force. Where there is a pre-existing access agreement between the landowner and the National Park Authority, the access rights under the agreement will remain in place for the duration of the agreement.

Are there differences between the open access rights under the CRoW Act and the Dartmoor Commons?

Yes. There are important differences especially relating to camping and horse riding. See Information Sheet 2 on Different Types of Access Land.

Does the CRoW Act right of access apply to woods and river banks?

No, there is no new right of access to these areas unless they are otherwise on access land, e.g. defined as ‘open country’. The CRoW Act also allows landowners to dedicate permanent access over such areas (see Information sheet 12 on Dedicated Land)

Will I have to keep my dog on a lead on CRoW Act access land?

On all CRoW Act access land, dogs must be kept on a short fixed lead (2m or less) between 1 March and 31 July (during the main bird breeding and lambing season), and at all times near livestock. There may also be further local restrictions on dogs in individual areas of CRoW Act access land for example in fields used for lambing or in areas of high wildlife value.

(See the Walking on Dartmoor PDF icon (1795Kb - PDF Help) publication for further details on dog walking rights and responsibilities, especially in relation to the different types of access land – CRoW Act, Dartmoor Commons and access agreement).

Can I take other animals on to CRoW Act access land?

No, animals other than dogs are not allowed.

What activities are allowed on CRoW Act access land?

The CRoW Act gives people a right to use access land for open air recreation. Activities such as running, walking, bird watching and climbing are all permitted but there some activities which are not allowed under the Act, for example cycling, camping and horse riding.

Can I cycle on CRoW Act access land?

No, unless you are following an existing bridleway or byway.

Can I ride a horse on CRoW Act access land?

No, unless you are following an existing bridleway or byway, or unless horse riding has traditionally been tolerated by the landowner there. Horse riders have open access rights on the Dartmoor Commons.

Can I ride a motorbike or drive a vehicle on CRoW Act access land?

No, unless you are following a byway.

Is rock climbing allowed on CRoW Act access land?

Yes, as long as there are no local restrictions in place (such as for nature conservation reasons). Climbing is at the visitor’s own risk and it must not cause any damage.

Do I have to enter CRoW Act access land at a particular access point?

National Park Authority Rangers have made detailed assessments and considered the best position to place access points and there may be a good reason why there is no access point at a particular place. The landowner is not responsible if you hurt yourself if you do not use a gate or stile to cross a boundary. You must not damage any walls, fences, hedges or other boundaries. A restriction could also be put in place which would require you to enter access land only at a particular access point.

Will I be able to walk at night on CRoW Act access land?

Yes, unless local restrictions prohibit it. Obviously, you will have to be prepared to take extra care not to trip or fall, take adequate protective clothing with you, and wear reflective strips as appropriate. Remember, as in daytime, you may not go within 20m of a house, or a building containing livestock (see Information Sheet 4 on Excepted Land).

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Page updated 21 November 2005

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