Unauthorised mountain bike trails present problems for farmers

Constructing unauthorised trails, obstacles and jumps on someone else’s land is illegal
Constructing unauthorised trails, obstacles and jumps on someone else’s land is illegal

Unauthorised mountain bike trails in Scotland are presenting problems for farmers and rural estates, according to an initiative exploring the issue.

Problems created by the unauthorised construction of mountain bike trails in Scotland is being highlighted in a new awareness campaign.

Care for the Countryside, an initiative organised by Scottish Land & Estates, is warning of the safety risks posed by poorly constructed self-built trails.

The past decade has witnessed the popularity of mountain biking in Scotland reach an all-time high, with purpose built facilities alongside Scotland’s liberal access laws contributing to a boom in interest from riders of all ages.

However, this period has also seen an increase in the number of unauthorised trails, obstacles and jumps being built by riders themselves on rural estates and farmland.

They are often created with limited knowledge of how this might affect other users, the potential environmental damage and the range of mountain bikers who might use the trail.

Liable

As well as potentially proving dangerous for riders, unauthorised trails present a liability for businesses and landowners who are duty-bound to risk assess the trail and develop a management strategy.

This could involve removing any inappropriately dangerous obstacles from their land once discovered.

Without following a due process, farmers and landowners could face the risk of being held liable should an accident occur.

Building trails, even if it is only using hand tools, is not covered in either the Land Reform Act or the Scottish Outdoor Access Code – and cannot be considered as responsible access.

One estate that has experience of mountain biking is Sutherland Estate, near Golspie, which had experienced footpaths being more heavily used by mountain bikers. In response to the demand, new signage was erected to focus access takers onto certain routes on the estate.

Proposals were also brought forward for a purpose-built mountain biking facility, which was developed through a community company, Highland Wildcat. Since Highland Wildcat was established in 2005, over 18km of trail has been constructed at a cost of £600,000.

'Not fit for purpose'

Bruce Taylor of Scottish Woodlands, who manages the Sutherland Forest Estate at Golspie, said the Highland Wildcat trails have been a "huge success" over the last decade.

“The estate recognised there was an issue with mountain bikes being used on walking routes and that demand existed for better facilities for riders. Not every estate will be able to enable such a development on their land, but it is worthwhile to try and work through the issues where a positive outcome can be achieved.”

Karen Ramoo, Policy Officer at Scottish Land & Estates, said that whilst the popularity of mountain biking in Scotland in recent years has been welcomed by rural communities, there are association issues.

“Mountain biking’s popularity brings with it associated issues for farms and estates, however. We have witnessed a significant increase in riders constructing their own unauthorised trails and we are concerned that these trails are not fit for purpose and can present a real danger to riders and to other access takers,” Ms Ramoo said.

“A landowner could be liable if a trail was discovered and they didn’t apply an appropriate management to the trail, leading to a rider or other access taker sustaining an injury. It can also present a real problem in terms of caring for trees, land and biodiversity.”