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Golf course trespassing (Read 13460 times)
alexandra
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Golf course trespassing
Sep 12th, 2007 at 9:20pm
 
Hi

I hope you can help. We live beside a private golf course and my husband walks our dog from 6-6.30 am down the side, as in passing through. If the dog fouls we obviously lift it. However there are other dog owners who are not so good and take their dogs on when there are golfers and also do not lift the dog poo. As a result the golf course has put up two notices at both entrances of the course stating: no dogs by order of the council. There is not a council logo on these notices and my question is, do we have to abide by these notices and if we were asked to leave by a greenkeeper at that time in the morning can they uphold these notices. We are in Scotland and I know that some people think there are no law for trespass here but of course there are codes of conduct, I think anyway, I am defo no expert.

So can anyone advise us where we stand in this.

Thank you in advance Smiley

Sandra Smiley
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filomor
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Re: Golf course trespassing
Reply #1 - Sep 12th, 2007 at 10:52pm
 
This is not as straight forward as it may seem.

The following only applies if there are no local authority by-laws in force on the land you refer to.

You or your husband cannot walk on the fairway or greens as they are exempt from the Land reform Scotland (2003) act. Almost every other type of land is accepted in the LRS act however I believe many minsiters and law makers play golf!!! That said, your dog can. You may walk in the "rough" at the side of the course providing the "rough" is not where "grass is grown and prepared for a particular recreational purpose". In effect as long as they do not cut the grass where you walk, you can walk on it.

None of the above applies to your dog however......he can go where he likes and the exemptions under the LRS act do not apply to him. If however your dog messes while on the fairway or green, and being a responsible dog owner you wish to go and pick it up.............you cant, as then you will be in breach of the above act.

You can walk almost anywhere else in Scotland under this new act except golf courses, bowling greens and schools. You and your dog may also walk through any farmers field, private* estate or park, but NOT the golf course!  * - Private estates no longer exist in Scotland. You can walk on my land as long as you are acting "responsibly" and respect my privacy by not glaring in my bedroom window! Ah, the legislators.....................where do we get them?

If you really want to bore yourself and possibly get even more annoyed click the link below.
http://www.opsi.gov.uk/legislation/scotland/acts2003/asp_20030002_en_2#pt1-ch1-l...

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alexandra
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Re: Golf course trespassing
Reply #2 - Sep 18th, 2007 at 8:20pm
 
Hey

Thanks for replying, I do not think there are any local authority by laws but I will check. Interesting reading I will write them a letter and see what they reply.

Sandra
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