Farmers are being encouraged to put up “helpful signs” for walkers during the Covid-19 crisis.
Rural business solicitor Eilidh Paterson, from Brodies, says although new emergency legislation places restrictions on the amount of time people can spend outside of their homes, it does not affect their rights to access most land in Scotland.
She said updated Scottish Government guidance provided more clarity for farmers on how to address the issue of people accessing farms for exercise during lockdown.
It follows reports from NFU Scotland that farmers are experiencing ongoing problems with people on their land.
This includes incidents of littering, gates being left open, crop damage, uncontrolled dogs, and people entering farm steadings and gardens.
“The Scottish Government emphasises that farmers, as essential workers, must be allowed to continue their business safely and without fear of being exposed to the virus,” said Ms Paterson.
“While farmers and land managers must continue to respect rights of access, they are entitled, and encouraged, to erect helpful signs for the public’s attention.”
She said the signs could highlight that certain fields are housing pregnant or young animals, and suggest a reasonable alternative route for walkers.
“Members of the public should stay local by using local paths, open spaces and quiet roads and must not travel by car to take exercise,” added Ms Paterson.
“They must also respect the health and safety of farmers and others working on the land by adhering to social distance rules, not touching any surfaces and avoiding routes which would require gates to be opened.
“Additionally, those exercising their rights of access must follow all reasonable requests and signs to avoid specified areas.”
She said the additional guidance was not an attempt to restrict general rights of access, but a means of containing the spread of coronavirus and preserving food supplies.