Re: What's acceptable when interacting with sites? | Forum

tjj wrote:

moss wrote:

[quote="moss

I would also pose the question do we have a right to demand to see every prehistoric monument - just because it happens to be there?[/quote]

Well I'll answer my own question; it suddenly struck me looking at the Countryside Code, that in pursuit of stones we often have to go across farmland to seek out stones, barrows, etc. Sometimes arable but often fields with animals in, and the farmer has every 'right' to demand of us that we don't frighten cattle, sheep, etc and cause an accident, we don't leave gates open, and we don't scrabble under barbed wire thereby makin it loose. After all this is his livelihood.

He has a 'duty of care' to his land, a set of restrictions, as we all do, that is what I was getting at, its a contractual understanding, if we want freedom of access to stones on farm land we should be prepared to abide by the rules!

No responsible person with disagree with a farmer's right to ask walkers to keep their dogs under control, shut gates behind them and not damage fencing.

Quite. I gave my instinctive reply above, which is that sites should be open to everyone to visit. But that obviously doesn't mean there aren't good reasons why some sites should be restricted, for instance at certain times of year, lambing season, when in crop, etc. But it's a pretty poor do if "heritage" becomes the preserve of the landed classes unless the monument is in state guardianship. Respect should be a two-way thing, between the landowner whose land contains the monument and the general public.

No-one is suggesting that freedom to visit means freedom to dig up/metal detect etc. But similarly the landowner doesn't have the right to damage/plough a monument just because it's on his or her land. Landownership carries responsibility and I agree with Moss that there is a contractual sense to this.

Additionally, to use the Dickens' house example, I agree that privacy should also be a factor. Personally, I think the Scottish law has it exactly right and the English/Welsh version is poor in comparison. Scottish access laws are much more based on mutual respect. The bloody English can't trust one another, it seems.