S.15 CROW Land

What is Section 15 Land?

Section 15 of the Countryside and Rights of Way Act 2000 preserved rights of access that existed before the 2000 Act created statutory access on foot. Such rights are not subject to restriction in the way that access to general access land under the 2000 Act is.

Legislation

The legislation sets out the pre-existing rights as:
   (a) section 193 of the Law of Property Act 1925 (rights of the public over commons and waste lands) applies to it;
   (b) by virtue of a local or private Act or a scheme made under Part I of the Commons Act 1899 (as read with subsection (2)), members of the public have a right of access to it at all times for the purposes of open-air recreation (however described);
   (c) an access agreement or access order under Part V of the National Parks and Access to the Countryside Act 1949 is in force with respect to it;
   (d) the public have access to it under subsection (1) of section 19 of the Ancient Monuments and Archaeological Areas Act 1979 (public access to monuments under public control) ...;
   (e) the public have access to it under subsection (1) of section 55 of the Historic Environment (Wales) Act 2023 (public access to monuments under public control) ...

Sub-section (2) provides that where a local or private Act or a scheme made under Part I of the Commons Act 1899 confers on the inhabitants of a particular district or neighbourhood (however described) a right of access to any land for the purposes of open-air recreation (however described), the right of access exercisable by those inhabitants in relation to that land is by virtue of this subsection exercisable by members of the public generally.

Local Information

DEFRA and Natural England have compiled data on Schedule 15 Land, and it can be seen in graphical form at magic.defra.gov.uk. Select the Schedule 15 Land option under ‘Access’ to see relevant land shaded.