Right of public access to the wilderness

The right of public access to the wilderness, or everyman's right, is a convention of property rights in the Nordic countries of Sweden, Finland and Norway; and also in Scotland; which allows the general public the right of access to the land, be it public or privately owned. Allemansrätten is the Swedish spelling, in Norwegian it is spelled Allemannsretten. The Finnish term is jokamiehenoikeus (singular nominative form) or jokamiehenoikeudet (plural nominative form).

History

The historical roots for the convention can be found in that the right of appeal, in ancient times, included the opportunity of putting one's matter directly to the king. It was important that the ability to exercise this right could not be prohibited or prevented by material means, such as the ability to travel freely. The convention has never been codified but retains its validity as a customary law.

It is illegal to erect signs prohibiting entry, or demanding a fee for entry to lands covered by everyman's right, and such prohibitions have no force of law, whether instituted by the landowner or not.

Recreation

The convention is today the basis for recreation in these of the Nordic countries, providing the possibility to hike or camp on someone else's land (e.g. in Sweden for one night, or "temporarily"), to travel by boat on somebody else's waters, and to pick the wild flowers, mushrooms and berries. However — with the rights follows the responsibility, i.e. the obligation to do no harm, not to litter, not to damage rocks or crops. Everyman's right does not cover operation of a motor vehicle, hunting, making a fire, or making noise. Everyman's right does not extend to the built environment, such as houses, gardens, fields, or the like. Furthermore, everyman's right does not include commercial exploitation of the land. For example, getting immigrant workers to pick berries is legal only with the landowner's permit.

There are minor differences between the rules in the different countries. In Sweden exercising of the rights is overseen by the Swedish National Environmental Protection Agency - which can, for example, make the decision of force removal of a privately owned fence on private property if it would obstruct with peoples right to enter the property under 'allemansrätten' (see Swedish environmental law - 'Miljöbalken 26 kap. 11 §'). In Enontekiö, Finland, berry picking is excluded from the everyman's rights, and requires the landowner's permit, since it has commercial importance in that municipality.

United Kingdom

In Scotland the Land Reform (Scotland) Act 2003 comprehensively codified into Scots law the ancient tradition of the right to universal access to the land in Scotland.

The rights confirmed in the Scottish legislation are greater than the limited rights of access, which were not present in English law previously, granted in England and Wales with the passing of the Countryside and Rights of Way Act 2000.

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 restricted access to less than 1% of navigable water.

External links

Property law | Rights | Wilderness areas | Real estate

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History

Recreation

United Kingdom

See also

External links