Strathy Point

[smithp]

Just read on a fishing forum that access to the point is now difficult? As someone has bought the land and erected fences. Does anyone know if access is still available to the point? Apart from the fishing it's a good place to watch whales and picnic. Was thinking of going up there in the next few weeks.

[pat]

Scotland has the Right of Access and the right to roam - they cannot stop you wandering in this area. http://www.outdooraccess-scotland.com/

[Keyser_soze]

The last time we were up was about august & the owner of the bothy wasnt the most hospitable person tbh , but hes paid a few quid for peace & tranquilityand doesnt want folk traipsing over his land .

Id say knock on his door first but he doesnt own the shore line so Im not quits sure how that works ? Still a brilliant place to fish , one of the best in the UK

[david]

The Right to Roam specifically excludes Fishing, Hunting and Shooting.

[RWB]

but the website says ...

The Access Code says:
Access rights extend to beaches and the foreshore. Follow any local guidance aimed at reducing dune or machair erosion or at avoiding disturbance of nesting birds. Public rights on the foreshore will continue to exist, including shooting wildfowl, fishing for sea fish, lighting fires, beachcombing, swimming, playing and picnicking.

[sids]

but hes paid a few quid for peace & tranquility

There are things money can't buy.

No bad thing.

[philupmaboug]

Thought there was no trespass law in Scotland.

[Scout]

Thought there was no trespass law in Scotland.

You wrong, Are you saying you can walk in school ground? or someone garden, This is trespass. Code of right to roam makes it clear you can walk on land so long as you do not interfere disturb or worry live stock, or walk around someone house.

[Scout]

Just read on a fishing forum that access to the point is now difficult? As someone has bought the land and erected fences. Does anyone know if access is still available to the point? Apart from the fishing it's a good place to watch whales and picnic. Was thinking of going up there in the next few weeks.

If you feel you have been stopped with your rights to Roam you can contact local Access Officer, he will look at both sides of the argument and will let you know if this area would include the right to roam.

[BetterTogether]

Anything done by a member of the public in exercising their access rights under the Land Reform Scotland Act 2003 does not amount to trespass. The Scottish Outdoor Access Code details these rights and how they should be exercised.

[Scout]

Anything done by a member of the public in exercising their access rights under the Land Reform Scotland Act 2003 does not amount to trespass. The Scottish Outdoor Access Code details these rights and how they should be exercised.

For those who wish to explore the open countryside and land, familiarity with the Scottish Outdoor Access Code is advisable. This came into effect on February 9, 2005, and lays out the rights and responsibilities for both land owners and land users with regard to land access. It gives the visitor the right to access the land provided it is done so responsibly, and it gives the land owner the right to impose restrictions provided these fall within the scope of the code. Either may be reported to the authorities for further action if they fail to comply with the requirements of the code. You are correct in saying the 2003 has replaced the trespass Act.
A number of widely circulated myths regarding trespass law in Scotland are perpetuated, mostly based on (possibly selective) ignorance, and liable to cause problems if considered to be anything other than urban myths.
The most commonly perpetuated myth claims that there are no trespass laws in Scotland. Even before the recent Criminal Justice and Public Order Act 1994,^[1] trespass had long been a delict (a civil wrong) remediable by the remedies of interdict and damages. However, The Land Reform (Scotland) Act 2003 ^[2] amends the Trespass (Scotland) Act 1865 ^[3] and establishes a statutory right of access.
Certain types of trespass have been criminal since the Trespass (Scotland) Act 1865 was passed, a legal instrument which few will be aware of. Section 3 of the Act makes it an offence for any person to lodge in any premises, or occupy or encamp on any land, being private property, without the consent of the owner or legal occupier. While the the use of the words lodge, occupy and encamp could be taken to imply a degree of permanency on the part of the trespasser, their scope could possibly be construed to apply to loitering by a determined lawyer if one did anything other than access, or cross over such property for example.

[Keyser_soze]

I was up there this week, the owner of the bothy has a large sign stating that this is private property & will not tolerate trespassers , so you cannot park at the top o the cliff & you cannot walk over his ground or he will come out with his shotgun and blast you.

However, theres an old boorac just up on way back to strathy that you can park at & accessibilty is actually easier than goin through the rather intolerant gent from across the border. But I look forward to the summer when carloads of anglers have no where to park & the shotgun comes out !!!!

[sids]

I was up there this week, the owner of the bothy has a large sign stating that this is private property & will not tolerate trespassers , so you cannot park at the top o the cliff & you cannot walk over his ground or he will come out with his shotgun and blast you.

However, theres an old boorac just up on way back to strathy that you can park at & accessibilty is actually easier than goin through the rather intolerant gent from across the border. But I look forward to the summer when carloads of anglers have no where to park & the shotgun comes out !!!!

The shotgun thing is definitely a contravention!

[Kevin Milkins]

Ge orf ma lend.

[Kenn]

Are you talking about the car park by the croft? Have always left the car there and walked down to the point , taking care not to disturb the sheep.

[neilsermk1]

seems like it is time for mass public action, similar to Kinder Scout in the 1950's. I dont care where you come from the rights of people living in Scotland are to be observed. Long past time this idiot realised that. If this is not to his liking, the A9 goes in both directions

[Scout]

seems like it is time for mass public action, similar to Kinder Scout in the 1950's. I dont care where you come from the rights of people living in Scotland are to be observed. Long past time this idiot realised that. If this is not to his liking, the A9 goes in both directions

Both sides have rights, I think you should really read the right to roam act before you go off the deep end. If you feel he is stopping access then you should contact Access officer first to see if he can do this.

[Keyser_soze]

No Lizz, thats totegan , they can be a bit off at times but there is a mark further toward Strathy which is regarded as a top fishing spot and until last year the salmon bothy was for sale & un inhabited, it has now been converted to a house & the owner is not keen on humans being `on his patch` hence the signs

[lexmercatoria]

I am the new owner of Salmon Landings (formerly The Salmon Bothy) along the road to Strathy Point Lighthouse. To clear up a few points; I do not have a shot gun and nor will I'blast you' as previously stated this is a disparaging accusation against my character. Nor have I ever shouted at anyone on this land (yet). For clarity we put up signs to inform all that the Bothy is now privately owned and no longer in the possession of the Commissioners. The sign states 'no unauthorized access' and gives an email address. To date all the people who made the effort to contact us have not been refused permission to enter our land or to park there during our period of construction.

However; it was evident that since the property had been empty for the past seven years people considered that parking on our land was a right and that they also had a right to walk across the same and climb over the fence causing damage to the other bay for fishing. Some have considered the right exists to use our land as their toilet! For the avoidance of doubt no rights to park or walk across the land exists, and there is no public nominated 'right of way' across the land, nor any right to camp overnight. This property has been granted a change of use from the Salmon Fishing station to a guest house; thus as our sign states it is now 'Private Property' (much as the house and garden you live in) thus it is no longer owned by the Government. As a point of interest, a covenant exists on the land from the Scottish Commissioners that there is to be no fishing 'from' this land/property.

As for the rights to roam and the laws here in Scotland, such right fails to exist (as previously stated) for the purpose of fishing etc., or someones garden. The land in its entirety is our garden. Furthermore, there are certainly 'no rights' to park on our land. The Land Reform act states; 'the land in respect of which access rights are not exercisable is land: (iv) comprises, in relation to a house or any of the places mentioned in paragraph (a) (iii) (of the act) above, sufficient adjacent land to enable person living there to have reasonable measure of privacy in that house or place and to ensure that their enjoyment of that house or place is not unreasonably disturbed.' a bit like your house.Being mindful of the contents of the act, to walk in front of our patio or conservatory doors and windows contravenes the same. How would you like me to come and park on your drive and walk across your garden and or camp for the night and use your grass as a toilet?
Until we read these posts on this forum we were happy to let people who had the decency to respect our privacy, because they took the time (and did the decent thing and asked) to contact us, access to walk across our land with our consent. From now considering the comments on this site we have to reconsider our position. We considered that we did the correct thing, we didn't want to stop any one, our time is too precious for conflicts, and we were hoping to leave everyone to enjoy whatever pass times and recreational sports they wish, but, lets stick to the truth, the law, and lets be respectful all around. We found most comments on this sight very untrue and believe correctness should be monitored. Once again it would appear the minority are in danger of creating conflict which will ruin things for decent folk.

[Fulmar]

This is a thoughtful post, thank you. I am sorry that you have experienced the problems that you describe above. I wonder if one way forward would be to consult the Access Officer, Matt Dent who would be able to establish exactly what is reasonable in these circumstances and for it to be clearly stated what is and is not allowed under Scottish outdoor access legislation with regard to your land? I do not know how much land is under discussion here but in general, people actually do not have to phone up to exercise responsible access rights over land, provided that it is not, as you say, going into someone's garden and infringing their privacy etc or behaving in the way that you describe. We enjoy going to Strathy Point for whale watching, as do many other folk. Unfortunately, I suppose, you have bought land in a place that attracts members of the public who are, in fact, encouraged to visit there but that does not mean that your quality of life should be abused. Any reasonable person would hate what has happened to you but we are not all unreasonable folk, as you rightly say yourself.