What rights do members of the public have to access isolated areas of open access land, if any at all? That is to say areas of access land which are (i) not crossed by and do not adjoin any public rights of way or (ii) areas of access land which are separated from all other nearby access land and rights of way by excepted land. Examples of such land can be found in these two locations:
- Example 1
- Example 2
- Example 3
- Example 4 - Notice the railway line which isolates the western part of the access land
- Example 5 - Notice the track leading to the road is not marked as a right of way
As far as I can tell, no specific provision is made for cases such as this in the Countryside and Rights of Way Act 2000:
“means of access”, in relation to land, means
(a) any opening in a wall, fence or hedge bounding the land (or part of the land), with or without a gate, stile or other works for regulating passage through the opening,
(b) any stairs or steps for enabling persons to enter on the land (or part of the land), or
(c) any bridge, stepping stone or other works for crossing a watercourse, ditch or bog on the land or adjoining the boundary of the land.
This appears to make the implicit assumption that the relevant access land will be adjacent to some form of right of way.