Right of public access to the wilderness
Encyclopedia
The freedom to roam, or everyman's right is the general public's right to access certain public or privately owned land for recreation
and exercise. The right is sometimes called the right of public access to the wilderness or the right to roam.
and Wales
public access rights apply to certain categories of mainly uncultivated land—specifically "mountain, moor
, heath, down and registered common land." Developed land, gardens and certain other areas are specifically excluded from the right of access. Agricultural land is accessible if it falls within one of the categories described above. Most publicly owned forests have a similar right of access by virtue of a voluntary dedication made by the Forestry Commission. People exercising the right of access have certain duties to respect other people's rights to manage the land, and to protect nature.
In Scotland
and the Nordic countries
of Finland
, Iceland
, Norway
and Sweden
as well as the Baltic countries
of Estonia
, Latvia
and Lithuania
the freedom to roam may take the form of general public rights which are sometimes codified in law. The access is ancient in parts of Northern Europe
and has been regarded as sufficiently basic that it was not formalised in law until modern times.
Many tropical countries such as Madagascar
have historic policies of open access to forest or wilderness areas. This practice in the rainforest
s of eastern Madagascar and in the Madagascar dry deciduous forests
has led to considerable destruction of habitat, much of which is effectively irreversible.
In the United States
hiking access to true wilderness areas is encouraged, but the property owner controls access to private lands, with exceptions for beach access and other easement rights that can be negotiated between government entities and owners to allow access to lands of unusual merit.
and serfdom
were not established there. Another factor is the survival of large areas of unenclosed forest. Elsewhere in Europe
land was gradually enclosed
for private use and enjoyment, with commoners' rights (for instance, rights to gather fuel or graze animals) largely eliminated.
Today these rights underpin opportunities for outdoor recreation in several of the Nordic countries, providing the opportunity to hike across or camp on another's land (e.g. in Sweden for one or two nights), boating on someone else's waters, and picking wildflower
s, mushroom
s and berries. However — with the rights come responsibilities; that is, an obligation neither to harm, disturb, litter, nor to damage wildlife
or crops.
Access rights are most often for travel on foot. Rights to fish, hunt or take any other product are usually constrained by other customs or laws. Building a fire is often prohibited (though in Sweden and Norway fires are allowed with proper safety precautions). Making noise
is discouraged. In some countries, putting up a tent
in the forest
for one night is allowed, but not the use of a caravan
. Access does not extend to built up or developed land (such as house
s, garden
s) and does not necessarily include commercial exploitation of the land. For example, workers picking berries may be legal only with the landowner's permit.
There are some significant differences in the rules of different countries.
and "" in Swedish
, literally translated as "every man's rights", similar to other Nordic countries.
Everyone may walk, ski or cycle freely in the countryside where this does not harm the natural environment or the landowner, except in gardens or in the immediate vicinity of people's homes (yards). Fields and plantations, which may easily be harmed, may usually not be crossed except in the winter.
One may stay or set up camp temporarily in the countryside, a reasonable distance from homes, pick mineral samples, wild berries, mushrooms and flowers (as long as they are not protected species). One may fish with a rod and line, row, sail or use a motorboat on waterways (with certain restrictions), and swim or bathe in both inland waters and the sea. One can walk, ski and ice fish on frozen lakes, rivers and the sea. Income from selling picked berries or mushrooms is tax-free. Picking cloudberry
may be temporarily restricted in parts of Lapland.
One may not disturb others or damage property, disturb breeding birds (or their nests or young), or disturb reindeer or game animals. One may not cut down or damage living trees, or collect wood, moss or lichen on other people's property, nor may one light open fires without the landowner's permission (except in an emergency). One may not disturb the privacy of people's homes by camping too near to them or making too much noise, nor litter, drive motor vehicles off road without land owner permission, or fish or hunt without the relevant permits. In the autonomous province of Åland
the right to camp is not recognized.
The right is a positive right in the respect that only the government is allowed to restrict it as in the case of strict nature reserve
s. However, the exact definition remains mostly uncodified and based on the principle of nulla poena sine lege
(what is not illegal cannot be punished).
law called the allemannsrett (lit. all men's right), that was codified in 1957 with the implementation of the Outdoor Recreation Act. It is based on respect for the countryside, and all visitors are expected to show consideration for farmers and landowners, other users and the environment. In Norway the terms utmark and innmark divide areas where the right is valid and where it is not. The law specifies innmark thoroughly, and all areas not covered by this definition are defined as utmark, generally speaking uninhabited and uncultivated areas. Cultivated land may only be walked on when it is frozen and covered in snow.
In later years the right has come under pressure particularly around the Oslo Fjord
and in popular areas of Southern Norway. These areas are popular sites for holiday homes and many owners of coastal land want to restrict public access to their property. As a general rule, building and partitioning of property is prohibited in the 100m zone closest to the sea, but local authorities in many areas have made liberal use of their ability to grant exemptions from this rule. Even though a land owner has been permitted to build closer to the shore he can not restrict people from walking along the shore. Fences and other barriers to prevent public access are not permitted (but yet sometimes erected, resulting in heavy fines).
Canoeing
, kayaking
, rowing
and sailing
in rivers, lakes, and ocean are allowed. Motorised boats are only permitted in salt water. All waters are open for swimming - with the exception for lakes that are drinking water
supplies (see for instance Maridalsvannet
).
Hunting rights belong to the landowner, and thus hunting is not included in the right of free access. In freshwater areas such as rivers and lakes, the fishing rights belong to the landowner. Regardless of who owns the land, fresh water fishing activities may only be conducted with the permission of the landowner or by those in possession of a fishing licence. Different rules apply for children under the age of 16. Children under the age of 16 have the right to fish without a licence, a right codified in 1992. This right was tried and upheld in a ruling from the Norwegian Supreme Court in 2004.
In salt water areas there is free access to sports fishing using boats or from the shoreline. All fishing is subject to legislation to among other things protect biological diversity, and this legislation stipulates rules regarding the use of gear, seasons, bag or size limits and more.
allemansrätten (lit. "the everyman's right") is a freedom granted by the Constitution of Sweden
. Since 1994 the Instrument of Government says that notwithstanding the right to own property "everyone shall have access to nature in accordance with allemansrätten". What this means is not further explicated on in the constitution, and only sparsely in other legislation. The concept was introduced in the 1940s as a customary law
. With the increased living standard in Sweden during the early 20th century—and with the introduction of mandatory holidays—the government wanted to encourage outdoor access and a healthy lifestyle for its citizens. As in other Nordic countries, the Swedish right to roam comes with an equal emphasis being placed upon the responsibility to look after the countryside; the maxim is "do not disturb, do not destroy".
Allemansrätten gives a person the right to access, walk, cycle, ride, ski, and camp on any land—with the exception of private gardens, the immediate vicinity of a dwelling house and land under cultivation. Restrictions apply for nature reserve
s and other protected areas. It also gives the right to pick wild flowers, mushrooms and berries (provided one knows they are not legally protected), but not to hunt in any way. Swimming in any lake and putting an unpowered boat on any water is permitted unless explicitly forbidden. Visiting beaches and walking by a shoreline is permitted, providing it is not a part of a garden or within the immediate vicinity of a residence (legally defined as the hemfridszon). According to legal practice this is between 100 to 300 metres from a dwelling house. To better protect access to water and the right to walk along beaches, it is since 1975 generally not permitted to build a new house near (generally 100 m) from a beach and/or shoreline.
Fishing remains essentially private—apart from on the biggest five lakes and the coast of the Baltic Sea
, the Sound
, Kattegat
and Skagerrak
. Access to land by means of motor vehicles requires the permission of the land owner. It is however permitted to drive a car on a private road, or to camp in a caravan at the side of such roads, or on private parking places, unless explicitly signposted otherwise. Small camp fires are generally permitted, but in some periods banned by local authorities due to wild fire risk. It is allowed to put up a tent on any uncultivated land for up to two nights, even without permission.
Exercise of the rights is overseen by the Environmental Protection Agency—which can, for example, force the removal of a fence if it obstructs people's
and Parkhouse Hill
in the Peak District
– although of very little economic interest to the owner – had been out of access to the public, until the enactment of the Countryside and Rights of Way Act 2000
. The Ramblers' Association works to increase the rights of walkers in the United Kingdom and has been a driving force behind the recent legislation increasing the public's access to the wilderness.
was gradually implemented from 2000 onwards to give the general public the conditional right to walk in certain areas of the English and Welsh countryside: principally downland
, moorland
, heathland and coastal land.
Traditionally the public could walk on established public footpaths and bridleways, on common land
and on the foreshore, and land owners could prevent access to other areas (or charge a fee for access).
Angling
interests successfully lobbied for the exclusion of rivers in England and Wales from CROW, leaving other river users such as swimmers and canoeists
with access restricted to less than 2% of navigable water. The British Canoe Union
is running the Rivers Access Campaign
, to highlight the level of restrictions the public face in gaining access to inland waterways in England and Wales.
The new rights were introduced region by region through England and Wales, with completion in 2005. Maps showing accessible areas have been produced.
comprehensively codified into Scots law
the ancient tradition of the right to universal access to the land in Scotland. The act specifically establishes a right to be on land for recreational, educational and certain other purposes and a right to cross land. The rights exist only if they are exercised responsibly, as specified in the Scottish Outdoor Access Code.
Access rights apply to any non-motorised activities, including walking, cycling, horse-riding and wild camping. They also allow access on inland water for canoeing, rowing, sailing and swimming.
The rights confirmed in the Scottish legislation are greater than the limited rights of access created in England and Wales
by the Countryside and Rights of Way Act 2000
(CRoW).
Private property may be accessed from sunrise to sundown. If the private property is fenced or posted against trespassing, the permission of the owner is required to proceed.
Land owners may not block access to land, roads or bodies of water that are public or designated for public use, including ice and shore paths.
All bodies of water that are public or designated for public use have public shore paths that are up to 4 m wide. The shore path along a navigable body of water may extend to a distance of 10 m of the water line. The owner may not close this path even if the private property is posted or marked with no-trespassing signs. Grazing areas and other enclosed areas along the shore paths must have stiles.
Ponds with no outlet located entirely on the land of one land owner and lakes smaller than five hectares located on land belonging to more than one land owner shall not be in public use. Permission from the landowner is required to access such bodies of water.
Neither do bodies of water protected as sources of drinking water or which are in use by aquaculture or are in other special use have a shore path.
All of the rights and responsibilities regarding humans’ interaction with nature are collectively termed everyman’s right. Everyman’s right does not pertain to the organizing of sporting events or other public events in open country. To organize these, the permission of the landowners or other possessors of land, and if necessary, of the local government, must be sought.
The following is permitted in nature:
The following is prohibited:
, Styria, and Salzburg
guarantee a right to roam in mountainous areas (usually defined as above the tree line), for all recreational activities. In other states, such as Tyrol, Lower Austria, and Burgenland, no explicit right to roam exists and land owners reserve the right to deny access. In practice, however, such restrictions are rarely enforced, since mountain tourism is an important industry in Austria.
law. This legal institution is applied when one land owner has a need to go through alien lands for access to his own land.
According to the Nature and Countryside Preservation Act, there is a legal right to roam through countryside ("veřejná přístupnost krajiny", public accessibility of countryside – excluding parcels owned by a natural person
). Some types of land are excluded from compulsory public accessibility: settled and building grounds, courtyards, gardens, orchards, vineyards, hop gardens, grounds destined for animal husbandry. Fields and arable land are excluded during seasons when herbage or soil would be damaged, pasture lands are excluded during cattle grazing.
In national natural preserves, national natural monuments, national parks and in the first zones of landscape protected areas, state authorities can restrict public access (ordinarily only to roads or only to marked routes). Special acts can exclude also other areas (e. g. military areas, rail tracks etc.).
According to Forest Act, forests are publicly accessible ("obecné uživání lesa", common use of forest – including private ones). However, biking, sledge riding, skiing and horseback riding are allowed only on forest roads. Public motor vehicle riding is prohibited (highroads going through forest are not considered as parts of the forest). Common use of forest can be restricted by the owner in military forests, protected areas, forest nurseries, forest orchards, deer parks, pheasantries etc.
The Road Act defines "obecné užívání pozemních komunikací" (common use of roads – some road can be excluded), The Water Act defines "obecné užívání povrchových vod" (common use of surface waters).
by the Swiss civil code. Some cantons
however have more detailed regulations concerning the rights of access of otherwise not authorised people.
The Swiss civil code states, that forest and pasture are accessible freely for everyone, as long as there is no excessive usage. Except in special cases like the protection of young forest or biotope
s it is not allowed to fence in forest areas. This also applies to private property. However, it is possible to make activities with excessive usage and possible potential to cause damage (e.g. events in the woods, access with cars) dependent on special authorisation. Similar regulations are in place for land which is not usable (e.g. stretches of water, rock, snow and ice), regardless of the land being unowned (i.e. being under the control of the canton and not able to be claimed as private property) or being in private hand.
It is further possible for the canton to restrict the freedom to roam to protect nature (e.g. to gather mushrooms, berries, wood, etc. in forests).
Forty percent of the country's territory is covered by forest,
and approximately the same amount devoted to agriculture.
According to the Forest Code (Article 42) "citizens have the right to freely stay in the forest and collect wild fruits, berries, nuts, mushrooms, other food, forest resources and medicinal plants to meet their own needs."
has increased pressure on some areas popular for hiking
and increased mobility and affluence has made previously remote areas more accessible. There is some concern that without ecological education, some recreational users have limited understanding of the economic and natural systems they are exploring, though significant harm or damage is unusual, the main concerns being disturbance of sensitive species of wildlife (particularly by dogs), and litter.
The 1992 Rio Convention on Biodiversity (subscribed to by 189 countries) expressed some caution about the potential effect of unlimited access, especially in tropical forests, where slash and burn
practices undermine biodiversity
. For this reason, broad public access rights are challenged in some countries' resulting Biodiversity Action Plan
.
Critics from defenders of proprietorship sometimes assert that the All People's Right threatens the essence of ownership and the "management practices" of property owners, who may or may not have created and preserved environmentally important qualities Private owners and their representatives have also argued that newly-created access rights ought to lead to financial compensation for private landowners, though they tend to also argue that there should be no corresponding compensation for people who historically tended now-expropriated land in common, with proven ecological records—for example, aboriginals.
Recreation
Recreation is an activity of leisure, leisure being discretionary time. The "need to do something for recreation" is an essential element of human biology and psychology. Recreational activities are often done for enjoyment, amusement, or pleasure and are considered to be "fun"...
and exercise. The right is sometimes called the right of public access to the wilderness or the right to roam.
The 'freedom to roam' in different countries
In EnglandEngland
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
public access rights apply to certain categories of mainly uncultivated land—specifically "mountain, moor
Moorland
Moorland or moor is a type of habitat, in the temperate grasslands, savannas, and shrublands biome, found in upland areas, characterised by low-growing vegetation on acidic soils and heavy fog...
, heath, down and registered common land." Developed land, gardens and certain other areas are specifically excluded from the right of access. Agricultural land is accessible if it falls within one of the categories described above. Most publicly owned forests have a similar right of access by virtue of a voluntary dedication made by the Forestry Commission. People exercising the right of access have certain duties to respect other people's rights to manage the land, and to protect nature.
In Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and the Nordic countries
Nordic countries
The Nordic countries make up a region in Northern Europe and the North Atlantic which consists of Denmark, Finland, Iceland, Norway and Sweden and their associated territories, the Faroe Islands, Greenland and Åland...
of Finland
Finland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
, Iceland
Iceland
Iceland , described as the Republic of Iceland, is a Nordic and European island country in the North Atlantic Ocean, on the Mid-Atlantic Ridge. Iceland also refers to the main island of the country, which contains almost all the population and almost all the land area. The country has a population...
, Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
and Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
as well as the Baltic countries
Baltic countries
The term Baltic states refers to the Baltic territories which gained independence from the Russian Empire in the wake of World War I: primarily the contiguous trio of Estonia, Latvia, Lithuania ; Finland also fell within the scope of the term after initially gaining independence in the 1920s.The...
of Estonia
Estonia
Estonia , officially the Republic of Estonia , is a state in the Baltic region of Northern Europe. It is bordered to the north by the Gulf of Finland, to the west by the Baltic Sea, to the south by Latvia , and to the east by Lake Peipsi and the Russian Federation . Across the Baltic Sea lies...
, Latvia
Latvia
Latvia , officially the Republic of Latvia , is a country in the Baltic region of Northern Europe. It is bordered to the north by Estonia , to the south by Lithuania , to the east by the Russian Federation , to the southeast by Belarus and shares maritime borders to the west with Sweden...
and Lithuania
Lithuania
Lithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark...
the freedom to roam may take the form of general public rights which are sometimes codified in law. The access is ancient in parts of Northern Europe
Northern Europe
Northern Europe is the northern part or region of Europe. Northern Europe typically refers to the seven countries in the northern part of the European subcontinent which includes Denmark, Estonia, Latvia, Lithuania, Norway, Finland and Sweden...
and has been regarded as sufficiently basic that it was not formalised in law until modern times.
Many tropical countries such as Madagascar
Madagascar
The Republic of Madagascar is an island country located in the Indian Ocean off the southeastern coast of Africa...
have historic policies of open access to forest or wilderness areas. This practice in the rainforest
Rainforest
Rainforests are forests characterized by high rainfall, with definitions based on a minimum normal annual rainfall of 1750-2000 mm...
s of eastern Madagascar and in the Madagascar dry deciduous forests
Madagascar dry deciduous forests
The Madagascar dry deciduous forests represent a tropical dry forest ecoregion generally situated in the western part of Madagascar. The area has high numbers of endemic plant and animal species but has suffered large-scale clearance for agriculture...
has led to considerable destruction of habitat, much of which is effectively irreversible.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
hiking access to true wilderness areas is encouraged, but the property owner controls access to private lands, with exceptions for beach access and other easement rights that can be negotiated between government entities and owners to allow access to lands of unusual merit.
In the Nordic countries
Ancient traces provide evidence of the freedom to roam in many European countries, suggesting such a freedom was once a common norm. Today, the right to roam has survived in perhaps its purest form in Finland, Iceland, Norway and Sweden. Here the right has been won through practice over hundreds of years and it is not known when it changed from mere 'common practice' to become a commonly recognised right. A possible explanation as to why the right has survived mainly in these four countries is that feudalismFeudalism
Feudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...
and serfdom
Serfdom
Serfdom is the status of peasants under feudalism, specifically relating to Manorialism. It was a condition of bondage or modified slavery which developed primarily during the High Middle Ages in Europe and lasted to the mid-19th century...
were not established there. Another factor is the survival of large areas of unenclosed forest. Elsewhere in Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
land was gradually enclosed
Enclosure
Enclosure or inclosure is the process which ends traditional rights such as mowing meadows for hay, or grazing livestock on common land. Once enclosed, these uses of the land become restricted to the owner, and it ceases to be common land. In England and Wales the term is also used for the...
for private use and enjoyment, with commoners' rights (for instance, rights to gather fuel or graze animals) largely eliminated.
Today these rights underpin opportunities for outdoor recreation in several of the Nordic countries, providing the opportunity to hike across or camp on another's land (e.g. in Sweden for one or two nights), boating on someone else's waters, and picking wildflower
Wildflower
A wildflower is a flower that grows wild, meaning it was not intentionally seeded or planted. Yet "wildflower" meadows of a few mixed species are sold in seed packets. The term "wildflower" has been made vague by commercial seedsmen who are interested in selling more flowers or seeds more...
s, mushroom
Mushroom
A mushroom is the fleshy, spore-bearing fruiting body of a fungus, typically produced above ground on soil or on its food source. The standard for the name "mushroom" is the cultivated white button mushroom, Agaricus bisporus; hence the word "mushroom" is most often applied to those fungi that...
s and berries. However — with the rights come responsibilities; that is, an obligation neither to harm, disturb, litter, nor to damage wildlife
Wildlife
Wildlife includes all non-domesticated plants, animals and other organisms. Domesticating wild plant and animal species for human benefit has occurred many times all over the planet, and has a major impact on the environment, both positive and negative....
or crops.
Access rights are most often for travel on foot. Rights to fish, hunt or take any other product are usually constrained by other customs or laws. Building a fire is often prohibited (though in Sweden and Norway fires are allowed with proper safety precautions). Making noise
Noise pollution
Noise pollution is excessive, displeasing human, animal or machine-created environmental noise that disrupts the activity or balance of human or animal life...
is discouraged. In some countries, putting up a tent
Tent
A tent is a shelter consisting of sheets of fabric or other material draped over or attached to a frame of poles or attached to a supporting rope. While smaller tents may be free-standing or attached to the ground, large tents are usually anchored using guy ropes tied to stakes or tent pegs...
in the forest
Forest
A forest, also referred to as a wood or the woods, is an area with a high density of trees. As with cities, depending where you are in the world, what is considered a forest may vary significantly in size and have various classification according to how and what of the forest is composed...
for one night is allowed, but not the use of a caravan
Travel trailer
A travel trailer or caravan is towed behind a road vehicle to provide a place to sleep which is more comfortable and protected than a tent . It provides the means for people to have their own home on a journey or a vacation, without relying on a motel or hotel, and enables them to stay in places...
. Access does not extend to built up or developed land (such as house
House
A house is a building or structure that has the ability to be occupied for dwelling by human beings or other creatures. The term house includes many kinds of different dwellings ranging from rudimentary huts of nomadic tribes to free standing individual structures...
s, garden
Garden
A garden is a planned space, usually outdoors, set aside for the display, cultivation, and enjoyment of plants and other forms of nature. The garden can incorporate both natural and man-made materials. The most common form today is known as a residential garden, but the term garden has...
s) and does not necessarily include commercial exploitation of the land. For example, workers picking berries may be legal only with the landowner's permit.
There are some significant differences in the rules of different countries.
Finland
In Finland, the freedom to roam and related rights are called "" in FinnishFinnish language
Finnish is the language spoken by the majority of the population in Finland Primarily for use by restaurant menus and by ethnic Finns outside Finland. It is one of the two official languages of Finland and an official minority language in Sweden. In Sweden, both standard Finnish and Meänkieli, a...
and "" in Swedish
Swedish language
Swedish is a North Germanic language, spoken by approximately 10 million people, predominantly in Sweden and parts of Finland, especially along its coast and on the Åland islands. It is largely mutually intelligible with Norwegian and Danish...
, literally translated as "every man's rights", similar to other Nordic countries.
Everyone may walk, ski or cycle freely in the countryside where this does not harm the natural environment or the landowner, except in gardens or in the immediate vicinity of people's homes (yards). Fields and plantations, which may easily be harmed, may usually not be crossed except in the winter.
One may stay or set up camp temporarily in the countryside, a reasonable distance from homes, pick mineral samples, wild berries, mushrooms and flowers (as long as they are not protected species). One may fish with a rod and line, row, sail or use a motorboat on waterways (with certain restrictions), and swim or bathe in both inland waters and the sea. One can walk, ski and ice fish on frozen lakes, rivers and the sea. Income from selling picked berries or mushrooms is tax-free. Picking cloudberry
Cloudberry
Rubus chamaemorus is a rhizomatous herb native to alpine and arctic tundra and boreal forest, producing amber-colored edible fruit similar to the raspberry or blackberry...
may be temporarily restricted in parts of Lapland.
One may not disturb others or damage property, disturb breeding birds (or their nests or young), or disturb reindeer or game animals. One may not cut down or damage living trees, or collect wood, moss or lichen on other people's property, nor may one light open fires without the landowner's permission (except in an emergency). One may not disturb the privacy of people's homes by camping too near to them or making too much noise, nor litter, drive motor vehicles off road without land owner permission, or fish or hunt without the relevant permits. In the autonomous province of Åland
Åland Islands
The Åland Islands form an archipelago in the Baltic Sea. They are situated at the entrance to the Gulf of Bothnia and form an autonomous, demilitarised, monolingually Swedish-speaking region of Finland...
the right to camp is not recognized.
The right is a positive right in the respect that only the government is allowed to restrict it as in the case of strict nature reserve
Strict nature reserves of Finland
Strict nature reserves are specific areas in Finland which have been established for scientific reasons. Their primary purpose is the conservation of nature and research. The regulations for the nature reserves are much stricter than those for the national parks of Finland. It is usually not...
s. However, the exact definition remains mostly uncodified and based on the principle of nulla poena sine lege
Nulla poena sine lege
Nulla poena sine lege is a legal principle, requiring that one cannot be punished for doing something that is not prohibited by law. This principle is accepted as just and upheld by the penal codes of constitutional states, including virtually all modern democracies...
(what is not illegal cannot be punished).
Norway
Everyone in Norway enjoys the right of access to, and passage through, uncultivated land in the countryside. The right is an old consuetudinaryConsuetudinary
Consuetudinary is a term applied to law where the rule of law is determined by long-standing custom as opposed to case law or statute....
law called the allemannsrett (lit. all men's right), that was codified in 1957 with the implementation of the Outdoor Recreation Act. It is based on respect for the countryside, and all visitors are expected to show consideration for farmers and landowners, other users and the environment. In Norway the terms utmark and innmark divide areas where the right is valid and where it is not. The law specifies innmark thoroughly, and all areas not covered by this definition are defined as utmark, generally speaking uninhabited and uncultivated areas. Cultivated land may only be walked on when it is frozen and covered in snow.
In later years the right has come under pressure particularly around the Oslo Fjord
Oslofjord
The Oslofjord is a bay in the south-east of Norway, stretching from an imaginary line between the Torbjørnskjær and Færder lighthouses and down to Langesund in the south to Oslo in the north....
and in popular areas of Southern Norway. These areas are popular sites for holiday homes and many owners of coastal land want to restrict public access to their property. As a general rule, building and partitioning of property is prohibited in the 100m zone closest to the sea, but local authorities in many areas have made liberal use of their ability to grant exemptions from this rule. Even though a land owner has been permitted to build closer to the shore he can not restrict people from walking along the shore. Fences and other barriers to prevent public access are not permitted (but yet sometimes erected, resulting in heavy fines).
Canoeing
Canoeing
Canoeing is an outdoor activity that involves a special kind of canoe.Open canoes may be 'poled' , sailed, 'lined and tracked' or even 'gunnel-bobbed'....
, kayaking
Kayaking
Kayaking is the use of a kayak for moving across water. Kayaking and canoeing are also known as paddling. Kayaking is distinguished from canoeing by the sitting position of the paddler and the number of blades on the paddle...
, rowing
Rowing (sport)
Rowing is a sport in which athletes race against each other on rivers, on lakes or on the ocean, depending upon the type of race and the discipline. The boats are propelled by the reaction forces on the oar blades as they are pushed against the water...
and sailing
Sailing
Sailing is the propulsion of a vehicle and the control of its movement with large foils called sails. By changing the rigging, rudder, and sometimes the keel or centre board, a sailor manages the force of the wind on the sails in order to move the boat relative to its surrounding medium and...
in rivers, lakes, and ocean are allowed. Motorised boats are only permitted in salt water. All waters are open for swimming - with the exception for lakes that are drinking water
Drinking water
Drinking water or potable water is water pure enough to be consumed or used with low risk of immediate or long term harm. In most developed countries, the water supplied to households, commerce and industry is all of drinking water standard, even though only a very small proportion is actually...
supplies (see for instance Maridalsvannet
Maridalen
Maridalen is a valley situated just north of Oslo, Norway, just above the suburb of Kjelsås. Most of the valley is made up of a lake known as Maridalsvannet, that serves as the primary source of drinking water for 90% of Oslo's population. The valley is a popular recreational area with many hiking...
).
Hunting rights belong to the landowner, and thus hunting is not included in the right of free access. In freshwater areas such as rivers and lakes, the fishing rights belong to the landowner. Regardless of who owns the land, fresh water fishing activities may only be conducted with the permission of the landowner or by those in possession of a fishing licence. Different rules apply for children under the age of 16. Children under the age of 16 have the right to fish without a licence, a right codified in 1992. This right was tried and upheld in a ruling from the Norwegian Supreme Court in 2004.
In salt water areas there is free access to sports fishing using boats or from the shoreline. All fishing is subject to legislation to among other things protect biological diversity, and this legislation stipulates rules regarding the use of gear, seasons, bag or size limits and more.
Sweden
In SwedenSweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
allemansrätten (lit. "the everyman's right") is a freedom granted by the Constitution of Sweden
Constitution of Sweden
The Swedish Constitution consists of four fundamental laws :* The 1810 Act of Succession * The 1949 Freedom of the Press Act * The 1974 Instrument of Government * The 1991 Fundamental Law on Freedom of Expression...
. Since 1994 the Instrument of Government says that notwithstanding the right to own property "everyone shall have access to nature in accordance with allemansrätten". What this means is not further explicated on in the constitution, and only sparsely in other legislation. The concept was introduced in the 1940s as a customary law
Custom (law)
Custom in law is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law." Customary law exists where:...
. With the increased living standard in Sweden during the early 20th century—and with the introduction of mandatory holidays—the government wanted to encourage outdoor access and a healthy lifestyle for its citizens. As in other Nordic countries, the Swedish right to roam comes with an equal emphasis being placed upon the responsibility to look after the countryside; the maxim is "do not disturb, do not destroy".
Allemansrätten gives a person the right to access, walk, cycle, ride, ski, and camp on any land—with the exception of private gardens, the immediate vicinity of a dwelling house and land under cultivation. Restrictions apply for nature reserve
Nature reserve
A nature reserve is a protected area of importance for wildlife, flora, fauna or features of geological or other special interest, which is reserved and managed for conservation and to provide special opportunities for study or research...
s and other protected areas. It also gives the right to pick wild flowers, mushrooms and berries (provided one knows they are not legally protected), but not to hunt in any way. Swimming in any lake and putting an unpowered boat on any water is permitted unless explicitly forbidden. Visiting beaches and walking by a shoreline is permitted, providing it is not a part of a garden or within the immediate vicinity of a residence (legally defined as the hemfridszon). According to legal practice this is between 100 to 300 metres from a dwelling house. To better protect access to water and the right to walk along beaches, it is since 1975 generally not permitted to build a new house near (generally 100 m) from a beach and/or shoreline.
Fishing remains essentially private—apart from on the biggest five lakes and the coast of the Baltic Sea
Baltic Sea
The Baltic Sea is a brackish mediterranean sea located in Northern Europe, from 53°N to 66°N latitude and from 20°E to 26°E longitude. It is bounded by the Scandinavian Peninsula, the mainland of Europe, and the Danish islands. It drains into the Kattegat by way of the Øresund, the Great Belt and...
, the Sound
Oresund
The Sound , is the strait that separates the Danish island Zealand from the southern Swedish province of Scania. Its width is just at the narrowest point between Helsingør, Denmark, and Helsingborg, Sweden...
, Kattegat
Kattegat
The Kattegat , or Kattegatt is a sea area bounded by the Jutland peninsula and the Straits islands of Denmark on the west and south, and the provinces of Västergötland, Scania, Halland and Bohuslän in Sweden on the east. The Baltic Sea drains into the Kattegat through the Øresund and the Danish...
and Skagerrak
Skagerrak
The Skagerrak is a strait running between Norway and the southwest coast of Sweden and the Jutland peninsula of Denmark, connecting the North Sea and the Kattegat sea area, which leads to the Baltic Sea.-Name:...
. Access to land by means of motor vehicles requires the permission of the land owner. It is however permitted to drive a car on a private road, or to camp in a caravan at the side of such roads, or on private parking places, unless explicitly signposted otherwise. Small camp fires are generally permitted, but in some periods banned by local authorities due to wild fire risk. It is allowed to put up a tent on any uncultivated land for up to two nights, even without permission.
Exercise of the rights is overseen by the Environmental Protection Agency—which can, for example, force the removal of a fence if it obstructs people's
Right to roam in the United Kingdom
Many land owners in the United Kingdom have a very strong position regarding their property rights. (cf. Inclosure Acts) Even uncultivated land has been heavily protected mostly to preserve the land owner's hunting or fishing rights. This in turn left the general public with little access to natural areas. Even such popular sites as Chrome HillChrome Hill
Chrome Hill is a limestone reef knollon the Derbyshire side of the upper Dove valley. It is adjacent to the more distinctive but lower Parkhouse Hill.Chrome Hill was declared open access land...
and Parkhouse Hill
Parkhouse Hill
Parkhouse Hill is a small but distinctive hill in the Peak District National Park in the English county of Derbyshire. It lies on the north side of the River Dove, close to the border with Staffordshire....
in the Peak District
Peak District
The Peak District is an upland area in central and northern England, lying mainly in northern Derbyshire, but also covering parts of Cheshire, Greater Manchester, Staffordshire, and South and West Yorkshire....
– although of very little economic interest to the owner – had been out of access to the public, until the enactment of the Countryside and Rights of Way Act 2000
Countryside and Rights of Way Act 2000
The Countryside and Rights of Way Act 2000 is a UK Act of Parliament which came into force on 30 November 2000.As of September 2007, not all sections of the Countryside and Rights of Way Act have yet come into force...
. The Ramblers' Association works to increase the rights of walkers in the United Kingdom and has been a driving force behind the recent legislation increasing the public's access to the wilderness.
England and Wales
In England, after a polarised debate about the merits, rights and benefits of private landowners and public recreation, in 2000 the Government legislated to introduce a limited right to roam, without compensation for landowners. The Countryside and Rights of Way Act 2000Countryside and Rights of Way Act 2000
The Countryside and Rights of Way Act 2000 is a UK Act of Parliament which came into force on 30 November 2000.As of September 2007, not all sections of the Countryside and Rights of Way Act have yet come into force...
was gradually implemented from 2000 onwards to give the general public the conditional right to walk in certain areas of the English and Welsh countryside: principally downland
Downland
A downland is an area of open chalk hills. This term is especially used to describe the chalk countryside in southern England. Areas of downland are often referred to as Downs....
, moorland
Moorland
Moorland or moor is a type of habitat, in the temperate grasslands, savannas, and shrublands biome, found in upland areas, characterised by low-growing vegetation on acidic soils and heavy fog...
, heathland and coastal land.
Traditionally the public could walk on established public footpaths and bridleways, on common land
Common land
Common land is land owned collectively or by one person, but over which other people have certain traditional rights, such as to allow their livestock to graze upon it, to collect firewood, or to cut turf for fuel...
and on the foreshore, and land owners could prevent access to other areas (or charge a fee for access).
Angling
Angling
Angling is a method of fishing by means of an "angle" . The hook is usually attached to a fishing line and the line is often attached to a fishing rod. Fishing rods are usually fitted with a fishing reel that functions as a mechanism for storing, retrieving and paying out the line. The hook itself...
interests successfully lobbied for the exclusion of rivers in England and Wales from CROW, leaving other river users such as swimmers and canoeists
Canoeing
Canoeing is an outdoor activity that involves a special kind of canoe.Open canoes may be 'poled' , sailed, 'lined and tracked' or even 'gunnel-bobbed'....
with access restricted to less than 2% of navigable water. The British Canoe Union
British Canoe Union
The British Canoe Union is a national governing body for canoeing in the United Kingdom, whose stated purpose is "Helping and Inspiring people to go canoeing”....
is running the Rivers Access Campaign
Rivers Access Campaign
The Rivers Access Campaign is being undertaken by the British Canoe Union to open up the inland water-ways in England and Wales on behalf of members of the public. Under current UK law, public access to rivers is restricted, and only 2% of all rivers in England and Wales have public access rights...
, to highlight the level of restrictions the public face in gaining access to inland waterways in England and Wales.
The new rights were introduced region by region through England and Wales, with completion in 2005. Maps showing accessible areas have been produced.
Scotland
In Scotland the Land Reform (Scotland) Act 2003Land Reform (Scotland) Act 2003
The Land Reform Act 2003 is an Act of the Scottish Parliament. It created a framework for responsible access to land and inland water, formalising the tradition in Scotland of unhindered access to open countryside, provided that care was taken not to cause damage or interfere with activities...
comprehensively codified into Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
the ancient tradition of the right to universal access to the land in Scotland. The act specifically establishes a right to be on land for recreational, educational and certain other purposes and a right to cross land. The rights exist only if they are exercised responsibly, as specified in the Scottish Outdoor Access Code.
Access rights apply to any non-motorised activities, including walking, cycling, horse-riding and wild camping. They also allow access on inland water for canoeing, rowing, sailing and swimming.
The rights confirmed in the Scottish legislation are greater than the limited rights of access created in England and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
by the Countryside and Rights of Way Act 2000
Countryside and Rights of Way Act 2000
The Countryside and Rights of Way Act 2000 is a UK Act of Parliament which came into force on 30 November 2000.As of September 2007, not all sections of the Countryside and Rights of Way Act have yet come into force...
(CRoW).
Estonia
In Estonia, it is permitted to access natural and cultural landscapes on foot, by bicycle, skis, boat or on horseback.Private property may be accessed from sunrise to sundown. If the private property is fenced or posted against trespassing, the permission of the owner is required to proceed.
Land owners may not block access to land, roads or bodies of water that are public or designated for public use, including ice and shore paths.
All bodies of water that are public or designated for public use have public shore paths that are up to 4 m wide. The shore path along a navigable body of water may extend to a distance of 10 m of the water line. The owner may not close this path even if the private property is posted or marked with no-trespassing signs. Grazing areas and other enclosed areas along the shore paths must have stiles.
Ponds with no outlet located entirely on the land of one land owner and lakes smaller than five hectares located on land belonging to more than one land owner shall not be in public use. Permission from the landowner is required to access such bodies of water.
Neither do bodies of water protected as sources of drinking water or which are in use by aquaculture or are in other special use have a shore path.
All of the rights and responsibilities regarding humans’ interaction with nature are collectively termed everyman’s right. Everyman’s right does not pertain to the organizing of sporting events or other public events in open country. To organize these, the permission of the landowners or other possessors of land, and if necessary, of the local government, must be sought.
The following is permitted in nature:
- accessing areas by foot, on bicycle, skis, boat or horseback in all places not prohibited on the basis of law(s);
- being present in any area where access is permitted;
- gathering wild berries, mushrooms, flowers, medicinal plants, hazelnuts and other natural products not under nature protection;
- fishing bodies of water that are public or designated for public use with a simple hand line.
The following is prohibited:
- accessing the immediate proximity of a person’s yard, plantations, apiaries, sown crops, grain field and other cropland where damage is thereby incurred by the owner;
- lighting fires and camping without permission from the land owner or possessor;
- hunting and fishing without relevant license, except for simple hand line;
- injuring trees and bushes;
- disrupting the peace of local inhabitants;
- damaging the habitats and nests of forest animals and birds, gathering or removing their eggs, or otherwise doing harm to them;
- damaging nature protection objects and protected species;
- using motor vehicles where prohibited;
- polluting nature.
Austria
The right to roam in Austria, particularly in forests and mountainous areas, is called Wegefreiheit. Since 1975 the right to roam in forests is guaranteed by Federal law. In particular, walking, running, hiking, and resting are automatically allowed to the public in most forest areas. However, horse riding, bike riding, and camping are not, and may only be practised with the land owner's permission. A large proportion of the forest area in Austria is owned by government bodies such as the Österreichische Bundesforste, but the same restrictions still apply. In some circumstances forests may be closed to the public for environmental reasons. The situation in mountainous areas is less clear, and differs from state to state. Some states, such as CarinthiaCarinthia (state)
Carinthia is the southernmost Austrian state or Land. Situated within the Eastern Alps it is chiefly noted for its mountains and lakes.The main language is German. Its regional dialects belong to the Southern Austro-Bavarian group...
, Styria, and Salzburg
Salzburg (state)
Salzburg is a state or Land of Austria with an area of 7,156 km2, located adjacent to the German border. It is also known as Salzburgerland, to distinguish it from its capital city, also named Salzburg...
guarantee a right to roam in mountainous areas (usually defined as above the tree line), for all recreational activities. In other states, such as Tyrol, Lower Austria, and Burgenland, no explicit right to roam exists and land owners reserve the right to deny access. In practice, however, such restrictions are rarely enforced, since mountain tourism is an important industry in Austria.
Czech Republic
The old legal institute of "right of the way" (imbedded in the Civil Code) has its roots in Austria-HungaryAustria-Hungary
Austria-Hungary , more formally known as the Kingdoms and Lands Represented in the Imperial Council and the Lands of the Holy Hungarian Crown of Saint Stephen, was a constitutional monarchic union between the crowns of the Austrian Empire and the Kingdom of Hungary in...
law. This legal institution is applied when one land owner has a need to go through alien lands for access to his own land.
According to the Nature and Countryside Preservation Act, there is a legal right to roam through countryside ("veřejná přístupnost krajiny", public accessibility of countryside – excluding parcels owned by a natural person
Natural person
Variously, in jurisprudence, a natural person is a human being, as opposed to an artificial, legal or juristic person, i.e., an organization that the law treats for some purposes as if it were a person distinct from its members or owner...
). Some types of land are excluded from compulsory public accessibility: settled and building grounds, courtyards, gardens, orchards, vineyards, hop gardens, grounds destined for animal husbandry. Fields and arable land are excluded during seasons when herbage or soil would be damaged, pasture lands are excluded during cattle grazing.
In national natural preserves, national natural monuments, national parks and in the first zones of landscape protected areas, state authorities can restrict public access (ordinarily only to roads or only to marked routes). Special acts can exclude also other areas (e. g. military areas, rail tracks etc.).
According to Forest Act, forests are publicly accessible ("obecné uživání lesa", common use of forest – including private ones). However, biking, sledge riding, skiing and horseback riding are allowed only on forest roads. Public motor vehicle riding is prohibited (highroads going through forest are not considered as parts of the forest). Common use of forest can be restricted by the owner in military forests, protected areas, forest nurseries, forest orchards, deer parks, pheasantries etc.
The Road Act defines "obecné užívání pozemních komunikací" (common use of roads – some road can be excluded), The Water Act defines "obecné užívání povrchových vod" (common use of surface waters).
Switzerland
The freedom to roam is guaranteed in SwitzerlandSwitzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
by the Swiss civil code. Some cantons
Cantons of Switzerland
The 26 cantons of Switzerland are the member states of the federal state of Switzerland. Each canton was a fully sovereign state with its own borders, army and currency from the Treaty of Westphalia until the establishment of the Swiss federal state in 1848...
however have more detailed regulations concerning the rights of access of otherwise not authorised people.
The Swiss civil code states, that forest and pasture are accessible freely for everyone, as long as there is no excessive usage. Except in special cases like the protection of young forest or biotope
Biotope
Biotope is an area of uniform environmental conditions providing a living place for a specific assemblage of plants and animals. Biotope is almost synonymous with the term habitat, but while the subject of a habitat is a species or a population, the subject of a biotope is a biological community.It...
s it is not allowed to fence in forest areas. This also applies to private property. However, it is possible to make activities with excessive usage and possible potential to cause damage (e.g. events in the woods, access with cars) dependent on special authorisation. Similar regulations are in place for land which is not usable (e.g. stretches of water, rock, snow and ice), regardless of the land being unowned (i.e. being under the control of the canton and not able to be claimed as private property) or being in private hand.
It is further possible for the canton to restrict the freedom to roam to protect nature (e.g. to gather mushrooms, berries, wood, etc. in forests).
Belarus
Article 13 of the Constitution of Belarus guarantees that all forest and farm land is publicly owned.Forty percent of the country's territory is covered by forest,
and approximately the same amount devoted to agriculture.
According to the Forest Code (Article 42) "citizens have the right to freely stay in the forest and collect wild fruits, berries, nuts, mushrooms, other food, forest resources and medicinal plants to meet their own needs."
Criticism
In recent years population growthPopulation growth
Population growth is the change in a population over time, and can be quantified as the change in the number of individuals of any species in a population using "per unit time" for measurement....
has increased pressure on some areas popular for hiking
Hiking
Hiking is an outdoor activity which consists of walking in natural environments, often in mountainous or other scenic terrain. People often hike on hiking trails. It is such a popular activity that there are numerous hiking organizations worldwide. The health benefits of different types of hiking...
and increased mobility and affluence has made previously remote areas more accessible. There is some concern that without ecological education, some recreational users have limited understanding of the economic and natural systems they are exploring, though significant harm or damage is unusual, the main concerns being disturbance of sensitive species of wildlife (particularly by dogs), and litter.
The 1992 Rio Convention on Biodiversity (subscribed to by 189 countries) expressed some caution about the potential effect of unlimited access, especially in tropical forests, where slash and burn
Slash and burn
Slash-and-burn is an agricultural technique which involves cutting and burning of forests or woodlands to create fields. It is subsistence agriculture that typically uses little technology or other tools. It is typically part of shifting cultivation agriculture, and of transhumance livestock...
practices undermine biodiversity
Biodiversity
Biodiversity is the degree of variation of life forms within a given ecosystem, biome, or an entire planet. Biodiversity is a measure of the health of ecosystems. Biodiversity is in part a function of climate. In terrestrial habitats, tropical regions are typically rich whereas polar regions...
. For this reason, broad public access rights are challenged in some countries' resulting Biodiversity Action Plan
Biodiversity Action Plan
A Biodiversity Action Plan is an internationally recognized program addressing threatened species and habitats and is designed to protect and restore biological systems. The original impetus for these plans derives from the 1992 Convention on Biological Diversity...
.
Critics from defenders of proprietorship sometimes assert that the All People's Right threatens the essence of ownership and the "management practices" of property owners, who may or may not have created and preserved environmentally important qualities Private owners and their representatives have also argued that newly-created access rights ought to lead to financial compensation for private landowners, though they tend to also argue that there should be no corresponding compensation for people who historically tended now-expropriated land in common, with proven ecological records—for example, aboriginals.
See also
- Air rightsAir rightsAir rights are a type of development right in real estate, referring to the empty space above a property. Generally speaking, owning or renting land or a building gives one the right to use and develop the air rights....
- CampsiteCampsiteA campsite or camping pitch is a place used for overnight stay in the outdoors. In British English a campsite is an area, usually divided into a number of pitches, where people can camp overnight using tents or camper vans or caravans; this British English use of the word is synonymous with the...
- The commonsThe commonsThe commons is terminology referring to resources that are owned in common or shared between or among communities populations. These resources are said to be "held in common" and can include everything from natural resources and common land to software. The commons contains public property and...
- Crown landCrown landIn Commonwealth realms, Crown land is an area belonging to the monarch , the equivalent of an entailed estate that passed with the monarchy and could not be alienated from it....
- EasementEasementAn easement is a certain right to use the real property of another without possessing it.Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond...
, the right of use over the real property of another - Land rightsLand rightsLand law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these species of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important...
- Open Spaces SocietyOpen Spaces SocietyThe Open Spaces Society , a registered charity, is a UK campaign group to protect public rights of way and common land. It was founded in 1865 as the Commons Preservation Society. It is Britain’s oldest national conservation body. Its founders and early members included John Stuart Mill, Lord...
- Prior appropriation water rightsPrior appropriation water rightsPrior appropriation water rights, sometimes known as the Colorado Doctrine in reference to the U.S. Supreme Court case Wyoming v. Colorado, is a system of allocating water rights from a water source that is markedly different from riparian water rights...
- PropertyPropertyProperty is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
- Public spacePublic spaceA public space is a social space such as a town square that is open and accessible to all, regardless of gender, race, ethnicity, age or socio-economic level. One of the earliest examples of public spaces are commons. For example, no fees or paid tickets are required for entry, nor are the entrants...
- Public trust doctrinePublic trust doctrineThe public trust doctrine is the principle that certain resources are preserved for public use, and that the government is required to maintain them for the public's reasonable use.-Origins:...
- Riparian water rightsRiparian water rightsRiparian water rights are system for allocating water among those who possess land about its source. It has its origins in English common law...
- TrespassTrespassTrespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...
- LoiteringLoiteringLoitering is the act of remaining in a particular public place for a protracted time. Under certain circumstances, it is illegal in various jurisdictions.-Prohibition and history:Loitering may be prohibited by local governments in several countries...
- Vagrancy (people)Vagrancy (people)A vagrant is a person in poverty, who wanders from place to place without a home or regular employment or income.-Definition:A vagrant is "a person without a settled home or regular work who wanders from place to place and lives by begging;" vagrancy is the condition of such persons.-History:In...