Right of public access to the wilderness in Travel

The freedom to roam, or “everyman’s right”, is the general public’s right to access certain public or privately owned land, lakes, and rivers for recreation and exercise. The right is sometimes called the right of public access to the wilderness or the “right to roam”. The right to access in Finland, Iceland, Norway and Sweden allows people – foreigners as well as locals – to hike and camp more or less freely in the woods and in the mountains, regardless of land ownership. Although the Nordic countries are not cheap destinations overall, outdoor life does not need to cost much (and even those mostly visiting cities can sometimes avoid paying for accommodation). In Denmark, with a higher population density, you do not have the same rights, see Primitive camping in Denmark for some details. Also in Åland the right is limited. The right to access is also in effect in some other European countries, though this usually just means that getting around in nature is allowed.

In Scotland, Finland, Iceland, Norway, Sweden, Estonia, Latvia, Lithuania, Austria, Czech Republic and Switzerland, the freedom to roam takes 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. However, the right usually does not include any substantial economic exploitation, such as hunting or logging, or disruptive activities, such as making fires and driving offroad vehicles. In England and Wales public access rights apply only to certain categories of mainly uncultivated land.

With camping equipment (suited for the season) you can avoid expenses for indoor accommodation, or even campsites, most nights – enjoying breathtaking sceneries, eating wild berries, swimming in lakes you have for yourselves, and listening to sounds of birds and the wind (or to the deep silence of Nordic nature).

Obviously this right is not a free for all: there are rules and limitations that you should keep in mind, to make life easier for everybody and preserve the landscapes (and these rights) for the next generation. For organized events or commercial activity the rules may be somewhat stricter than for individual hikers. The right to access may of course be limited in national parks and the like.

Understand
The right to access or “Every Man’s Right” has traditions from the time when it was of fundamental importance for countryside people not owning land, and the commons important also for landowning farmers. In the early 20th century recreation outdoors was realized to be important for city dwellers, and the right became commonly understood to apply also for strangers.

Although the right to access has a long tradition, it is not well defined. It is mostly based on tradition, on the “what is not forbidden is allowed” principle, and the lack of a right for landowners to restrict these freedoms. In the last decades formalizing the right has been discussed, but often new explicit law has been found problematic and status quo sufficient.

In Norway there is the “outdoors law”, Friluftsloven, defining the right to access in some detail. Land in Norway, including wilderness, is mostly privately owned. Right of access means that hikers and campers are guests on somebody’s private land. The crucial distinction in Norway is between utmark (uncultivated land) and innmark (cultivated land). Cultivated land for instance includes farmland, private gardens, church yards and car parks, uncultivated land is everything else. If in doubt visitors are adviced to regard an area as cultivated. In Sweden the right is recognized by the law, but not defined. In Finland some of the freedoms are recognized in the law, but the concept is not defined.

As the right to access is based on allowing what is not forbidden, it does not give permission to break any laws or regulations. It also does not allow harming nature, causing damage or disturbing people. In some cases the landowner or local authorities may impose restrictions if there is a large number of hikers and campers that cause disturbances or damage the land.

Walk and pass
In these countries, you have the right to walk or ski across uncultivated lands. That means you can walk if there aren’t any farmlands and you are not crossing people’s yards and gardens. For farmland, you may cross fields using existing paths and when they are covered with snow (and risk no damage). In Iceland all cultivated or enclosed areas are exempted and always require landowner’s permission (using roads through them is allowed, though). Also in Norway the rights are severely restricted in enclosed pastures near the farms – go for the wilderness instead.

If there are fences, you should look for gates and follow paths, even if there is no apparent farmland (there might be animals, such as sheep or cattle in the area, so always close any gates you open). Also, if there are newly planted trees in an area, you cannot walk through. Other than that, you can pretty much go wherever you like, except specifically protected areas (nature reserves, military areas etc.).

Boat
If using a boat, you should be careful about not disturbing nesting birds, and birds with offspring, in spring and summer. There are often crows and gulls around, waiting for an opportunity to get eggs and chicks. Keep your distance to swimming bird flocks with young and do not land on islets with nesting birds.

You are not allowed to use private jetties without permission, and you should leave a reasonable distance to cottages and the like. In Finland, new cottages usually have to be built 50 m from the shore, which means they are out of sight until you approach land. In popular areas you may have to make many tries before you find a suitable natural harbour not occupied by cottages (cottages are often marked on new charts, but not all of them). In Norway, motor vessels are generally forbidden on lakes and rivers.

Landing is forbidden in signposted places, such as nature protected areas and military areas, and violators are arrested. Signs to watch out for:
Landing forbidden: Finnish: Maihinnousu kielletty, Swedish: Förbjudet att landstiga
No entry: Finnish: Pääsy kielletty, Swedish: Tillträde förbjudet

Camp and picnick
Camping is allowed for at least one night in Sweden, one or two nights in Iceland, in Norway two nights in normal countryside and as long as you wish in the wilderness, in Finland “temporarily”, which means at least one night and at least two nights if you behave, probably more in the wilderness. You should not camp near houses, huts or farmlands, where “near” means 150 metres in Norway and in all countries far enough that you do not inconvenience anyone and particularly not those in the nearest house. As long as you keep out of the way there should be no problems. In Norway the landowner has the right to tell visitors to leave if visitors cause damage to the land or in other ways are clearly inconsiderate. In Åland you should ask the landowner if possible, but otherwise staying one day and night should be OK. Obviously at areas specifically designated for camping, such as paid campsites, you will camp near others.

While “out of the way” might sound harsh, there really is no reason to camp close to anybody who might be bothered by your presence; much of the time there will be kilometres of forest or open space behind anybody’s dwelling. Do keep reasonable distance and if in doubt, more is better, as people in the Nordic countries really value personal space.

When in the more densely populated areas, there may be houses and fields everywhere by your route (if you follow roads). But if you take a local road, you will pretty much instantly find routes into the woods (in Iceland you won’t find woods, just a road out from the built-up area). A map will help, as some of the roads only lead to houses, more of them in some spots than in others, and some of the woods are too small.

This mostly works also near cities, although you need to avoid the suburbs. There are usually many suitable woods in reach by local buses.

For picnicking the same principles apply, but having a picnick where people see you is not a problem. Just keep off anything that can be perceived as a backyard wood to one or a few families.

In many areas the water of springs, streams and lakes can be used even for drinking, though boiling it to get rid of possible biological contaminants can do no harm. Using private wells requires permission, even when they are far from a house – but if you ask for water in a countryside house, they will with few exceptions be happy to help you.

Campfires
Campfires are allowed in some circumstances, but rules differ between the countries.

At least do not to cut down any trees and do not risk wildfire, i.e. do not harm the natural environment or economical values. Build the campfire in such a way that the fire cannot spread and do not make open fire when wildfires are likely (in practice or according to official warnings, in Finland broadcast with most weather forecasts, in Sweden you have to check locally). Keep enough water on hand to extinguish the fire if it gets out of hand or when you are done. When you leave, make sure the remnants are cool, below as well as above the surface. Do not make the fire on smooth cliffs, which will crack, or peat, which is hard to extinguish reliably and can smolder below the surface invisibly for days only to cause a major wildfire later. Leave no trace, unless there is an established fireplace, which you could mend as needed.

In Finland you always need landowner permission, but that permission is granted to the public in large areas of state owned land in the north. In Iceland fire is permitted outside protected areas where there is no risk for wildfire or other damage (but firewood is scarce). In Norway they are forbidden in the summer (generally 15 April to 15 September, subject to decisions by local authorities), unless the fire is totally safe, such as at built campfire places in suitable conditions. In Sweden campfires are allowed as long as you are careful enough and there is no local (permanent or temporary) prohibition. Make sure you recognize conditions where wildfires can be lit by a spark or fire easily gets out of control.

Note that being allowed to make a fire does not mean you can chop trees for firewood. Also leave aesthetically or ecologically valuable dead logs alone. Use twigs on the ground and similar instead.

In national parks, recreational areas and similar, there are often campfire sites with firewood provided for free (or included in fees for accommodation). If the fireplace is by an open wilderness hut or the like, do not take the firewood from indoors (other than possibly a little to get the fire going), but from the woodshed. If there is little wood in the shed, do not use it, but find the place from which to replenish or give up, leaving the wood for emergencies. If only some of the wood is chopped, make more to replace what you use.

In any case, do not make excessively big campfires, but use firewood sparingly.

Live off the land
It is generally OK to pick wild mushrooms and berries, unless they grow in apparently cultivated areas. In Iceland berry picking is restricted to what you eat immediately, in Denmark to “reasonable”, non-commercial picking. Picking cloudberry, a yellow raspberry-looking Arctic delicacy, is strictly regulated in northern Norway. Picking and eating some berries is always allowed, though. Also in Finnish Lapland, commercial cloudberry picking may be restricted.

Wild nuts can be picked in Norway if you eat them on the spot, in Finland you can freely pick nuts from the ground.

If you plan to pick mushrooms, a good mushroom guidebook comes highly recommended. They can be rather expensive, but are well worth their price – there are really nasty mushrooms, even lethal ones, and some (e.g. the European destroying angel) resemble young field mushrooms (this example being a danger Asian mushroom pickers are not accustomed to). There are also poisonous berries, but few that cannot easily be distinguished from the edible ones.

Hunting always requires licences and permission. Hunting rights belong to the landowner and there are specific rules for most game and birds. However, in Finland, there are large tracts of state-owned land managed by the government agency Metsähallitus, where the permission can be simply purchased from Metsähallitus. In Norway two types of ptarmigan are the most hunted birds. The Norwegian state ownes land in the high mountains where permission to hunt rock ptarmigan can be purchased from regional high mountain boards (fjellstyre). The Norwegian state also ownes some forest areas where permission to hunt willow ptarmigan can be purchased. All hunters must pass a test to obtain the hunter’s license, big game hunting also requires annual training and shooting test. The hunting season is generally september to Christmas.

Fish
As a general principle, rod fishing is allowed in the ocean (including the Baltic Sea), but prohibited, or very restricted, in freshwater. In Finland there is no difference between the sea and fresh water: there fishing with rod without reel and without artificial bait (and ice fishing with a jig) is included in the right to access in the sea and in most fresh waters, with salmon rivers being the main exception. In Norway using living bait or fish as bait is prohibited when using the right to fish in the ocean. In Sweden the biggest lakes are treated like the sea. Mjøsa lake in Norway is generally treated like fjords with some local rules about fishing nets.

There are minimum sizes and other regulations, varying by country and sometimes locally. Check these separately.

The right to access does not include net-fishing or other large-scale equipment. Nets and traps are still often used also in recreational fishing. Most landowners in the countryside own a share of the waters, so if you have a local host you may be able to join such a fishing expedition. You may need to pay a national fee also for this.

A fishing permit for local freshwaters (and general lure and reel fishing in Finland) can usually be purchased easily. Ask e.g. at the tourist agency, or in Finland, any local R-Kioski, which sells the permits.

Leave no trace
No matter where you go and what you do, you are still required to leave no trace of your visit. This means you shouldn’t leave any trash behind, and make sure your camp site is tidy and will recover quickly. Do not cut down any trees or break off any branches. Keep those rules in mind to ensure both the nature you enjoy and the right to access can be sustained for generations to come.

Caveats
In Finland, regardless of land ownership, all inhabitants of any dwelling, including tents, boats and other temporary accommodations, and their yards, have the right to domestic privacy (Finnish: kotirauha, Swedish: hemfrid), and violating this right is a crime, punishable by fine or jail. Acts such as inappropriate watching or listening (such as taking a photo of people in their yard), not obeying a demand to go away, making disturbing noise, or entering by stealth or by fraud constitute violations of domestic privacy.

The right to access does not cover motorized vehicles. You can use most private roads, but you must not drive in the terrain. This is especially important in Iceland, with its fragile nature. In Norway, general driving on tractor roads (used for instance for logging) is forbidden. If you find a suitable place to park your car or motorbike (don’t block the passage e.g. for logging vehicles), you can still camp like if hiking. If you are going to use a snowmobile, check the specific rules for the area (in Sweden they are generally allowed – except for most places where you would go). There are often maintained snowmobile tracks in popular locations, which may be the only allowed routes, and for some you have to pay a fee. There are often exceptions for locals, so keep to the marked trails.

If you use a camping van, you should mostly use paid campsites, especially in Norway. Parking lots and rest areas are a scarce resource in the mountains and some other areas, so keeping them occupied for longer than necessary is not popular (although you will probably not hear any comments). In Northern Finland, on the other hand, population is sparse and tourists not many enough for this to be a problem, so staying the night at a rest area or leaving your van for a hike in a wilderness area is OK there. In Finland, there are public unattended lay-bys (Finnish: levähdyspaikka or levähdysalue) on major roads, but the only facilities they have are a picnic table, a trashcan and sometimes a public toilet (often less well maintained).

You will sometimes see “ei läpikulkua” and “no camping” signs. The right to access is mainly about the landowners lack of right to forbid passing through and camping on their lands, so these signs may be illegal, and may certainly be questioned by the locals. But – the signs clearly show that somebody is being inconvenienced by these actions (such signs are often found along popular tourist routes and near the grounds of big events), so you may want to comply. Usually you can just go a few hundred metres farther, make sure you’re out of the way and the problem is solved. In Norway landowners have the right to ban camping and other activities in certain areas if such activities cause harm or cause problems for the landowner’s use of the area. Although the signs usually have no legal bearing in themselves, sometimes they are found in places where camping without permission is indeed forbidden, such as just behind somebody’s garden. In other cases many previous visitors have caused problems by e.g. being loud, making illegal campfires and leaving garbage. Although you would not, people in the nearby houses cannot know beforehand.

A related issue concerns the facilities around cabins in popular hiking regions in Norway, such as Jotunheimen. Of the many who choose to camp on their own on their hikes, some have still used outhouses of paid accommodation sites – many enough to irritate those maintaining the facilities. Because of that, camping up to two kilometres from these cottages has been forbidden. The limitations are probably illegal, and many Norwegians would love to be taken to court over it. But as with the “no camping” signs, you may have some sympathy with those not wanting you to camp there, and you probably do not want to go to a Norwegian court. To comply, you have two options: either do not camp near these cabins (there is indeed enough ground to choose from elsewhere), or pay for camping by them. For other Norwegian cabins, the standard 150 m is enough, but paying and using the facilities is of course a good option also for these.

Note that in Finland, camping by infrastructure, such as open wilderness huts, lean-to shelters and campfire sites, is indeed the recommended way (and free), to spare grounds elsewhere. Here you only have to avoid private or rented cottages and those reservation huts that are not combined with an open wilderness hut. Still, keep some distance (perhaps half a stone’s throw), to let also other people use the facilities without thinking they would disturb you.

The wilderness is often used as summer pasture for domestic animals such as sheep, goats, cows and even horses. In the north there are also domesticated reindeer. Visitors should not disturb animals. Wild animals should also be left in peace.

Europe

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 Estonia, 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.

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 wildflowers, mushrooms and berries. However, with these 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 houses, gardens) and does not necessarily include commercial exploitation of the land. For example, workers picking berries may be legal only with the landowner’s permission.

There are some significant differences in the rules of different countries. In Denmark, there is a more restricted freedom to roam on privately held land. All dunes and beaches and all publicly owned forests are open to roaming. Uncultivated, unfenced areas are open to daytime roaming irrespective of ownership status. Privately owned forest have access by roads and tracks only.

Finland
In Finland, the freedom to roam and related rights are called “jokamiehenoikeus” in Finnish and “allemansrätten” in Swedish (lit. “the everyman’s right”), similar to other Nordic countries. Everyone may walk, ski, ride a horse 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. It is also possible to establish outdoor recreation routes on private land, based on an agreement on the rights of use or by official proceedings in accordance with the Outdoor Recreation Act, for example.

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 (only still waters), 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 to local residents in parts of Lapland. In the autonomous province of Åland the right to camp’s inclusion in the right to roam was disputed, but since 2013 this is no longer the case.

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). It is acceptable, however, to use an alcohol burner, wood stove or similar device that has no hot parts touching the ground. 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 the landowner’s permission, or fish (excluding angling) or hunt without the relevant permits. If horse riding causes more than a minor inconvenience or disturbance, an agreement for the long term use of the route must be made with the landowner. A horse may also be taken to swim in a water body without the consent of the owner of the water area (excluding public beaches).

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 reserves. However, the exact definition remains mostly uncodified and based on the principle of nulla poena sine lege (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 consuetudinary law called the allemannsrett (lit. the everyman’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 to roam is valid (utmark, literally something like “land outside [the boundaries]”/”[Out Field]”) and where it is invalid or restricted (innmark, “land inside [the boundaries]”/”[In Field]”). 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 crossed when frozen and covered in snow.

There are some basic rules that must be followed when camping in Norway:
People are allowed to camp at least 150 meters away from the nearest inhabited house or cottage.
Campfires are not allowed in the forest areas between 15 April to 15 September, unless it obviously can not lead to a fire.
Tourists are allowed to stay in one spot for only one day. After that, it is necessary to specifically ask for permission from the landowner. This rule excludes the mountains and the national parks.

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 a 100-meter zone closest to the sea, but local authorities in many areas have made liberal use of their ability to grant exemptions from this rule. However, even if a land owner has been permitted to build closer to the shore, he may 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 of lakes that are drinking water reservoirs (see for instance Maridalsvannet).

Wild berry foraging is part of the right. Picking cloudberries may, however, be restricted on privately owned land in northern parts of Norway.

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. Freshwater fishing may only be conducted with the permission of the landowner and 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 Sweden 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. In practice, allemansrätten is defined as actions that are not crimes, will not make a person liable to pay damages, nor can be prohibited by any authority. 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 reserves 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). The hemfridszon’s size depends on conditions but can be as large as 70 metres from an ordinary 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. It is permitted to drive a car on a private road 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 a night or two. There has been some controversy on commercial use of the berry picking rights, when companies legally contract people to pick berries in the forests.

Exercise of the rights is overseen by the County Administrative Boards—which can, for example, force the removal of a fence if it obstructs access to areas that are important to the allemansrätt.

Many Swedish people consider this to be a form of legacy or human right.

Iceland
Like other Nordic countries Icelandic law contains a version of the freedom to roam, the right to access uncultivated land, camp there, pick berries, and in some months even light a campfire. “It is permissible to cross uncultivated private property without seeking any special permission, but landowners may limit routes with signs or other marks. State-owned land such as conservation areas and forestry areas are open to everyone with few exceptions. These exceptions include – but are not limited to – access during breeding seasons or during sensitive growth periods”.

Hikers should, however, “avoid taking shortcuts over fenced areas, pastures and private plots”, and follow the rules in conservation areas. Footpaths should also be followed, if they exist, to help protect the landscape. Furthermore, “landowners may not hinder passage of walkers alongside rivers, lakes and ocean, or on tracks and paths’. Cycling may be restricted on some paths. Equestrians must keep to bridleways where they exist and in other places show “consideration for the land”.

Fishing requires a license but collecting “berries, mushrooms, seaweed and other plants for immediate consumption” is permitted on “public lands and highland pastures”.

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 at any time. If the private property is fenced or posted against trespassing, the permission of the owner is required to proceed. The owner of the private property is also required to post signs stating the ownership of the land, and contact numbers, to avoid legal issues. 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.

Belarus
Article 13 of Section I 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 13) “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.”

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 Carinthia, 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.

Czech Republic
The old legal institute of “right of the way” (imbedded in the Civil Code) has its roots in Austria-Hungary law. This legal institution is applied when one land owner has a need to go through alien lands for access to his own land.

The Nature and Countryside Preservation Act, gives a legal right to roam through country (“veřejná přístupnost krajiny”, public accessibility of countryside or wilderness – 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 užívání lesa”, common use of forest – including private ones) and citizens have a legal right to enter the forests. The right of gathering dry twigs lying on the ground and berries for personal purpose is also guaranteed. 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 – because they are not considered as “forest land” in land ragistration). 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 Switzerland by the Swiss Civil Code. However, some cantons have more detailed regulations concerning the rights of access of otherwise not authorised people.

The Swiss Civil Code provides 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 biotopes it is not allowed to fence in forest areas. This also applies to private property. Certain activities related to excessive usage and the potential to cause damage, such as events in the woods, or access with cars, may be 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 privately owned. The canton may also choose to restrict the freedom to roam in order to protect nature (e.g. the gathering of mushrooms, berries, wood, etc. in forests).

Germany
In Germany a limited right to roam, called Jedermannsrecht, is guaranteed by federal law. The Federal Nature Conservation Act, the Federal Forest Act and the Federal Water Management Act allow everyone access to open landscape, uncultivated land, forests and water bodies, including cycling and horse-riding on tracks and paths. The right may be further regulated through state law.

Bavaria
The Constitution of Bavaria guarantees everyone “the enjoyment of natural beauty and recreation in the outdoors, in particular the access to forests and mountain meadows, the use of waterways and lakes and the appropriation of wild fruits”. The right is nicknamed Schwammerlparagraph (mushroom clause). The article also obliges “every person to treat nature and the landscape with care”. “The state and the municipalities shall be entitled and obliged to maintain free access to mountains, lakes, rivers and other beautiful sceneries and to create free access by restricting property rights and to create hiking trails and recreational parks”.

United Kingdom
In the United Kingdom, outside Scotland, access to much uncultivated and unenclosed land was restricted prior the enactment of the Countryside and Rights of Way Act 2000. Access to land in England and Wales is still more limited than in most of Northern Europe, and some other European countries, while access is very limited in Northern Ireland. Property was formerly protected in England and Wales mostly to preserve the landowner’s hunting or fishing rights. The Ramblers’ Association, which works to increase the rights of walkers in the United Kingdom, was a driving force behind this legislation.

England and Wales
In England and Wales, 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 2000 (CROW) 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. Forests and woodlands are excluded, other than publicly owned forests, which have a similar right of access by virtue of a voluntary dedication made by the Forestry Commission. 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. People exercising the right of access have certain duties to respect other people’s rights to manage the land, and to protect nature.

The new rights were introduced region by region through England and Wales, with completion in 2005. Maps showing accessible areas have been produced. 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.

Much of the Dartmoor National Park has been designated as ‘Access Land’, although it remains privately owned, since the Dartmoor Commons Act 1985, with no restrictions on where walkers can roam. Because of the 1985 Act, Dartmoor was largely unaffected by the Countryside and Rights of Way Act 2000, which established similar rights in other rural parts of the country, but in 2006, this Act opened up much of the remaining restricted land to walkers.

Scotland
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 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).

Northern Ireland
Access rights in Northern Ireland have been described as being “the most regressive and restrictive access legislation in Europe. Most of the routes used to reach … mountains, hills, seashores, rivers and national monuments pass over private land. In almost all cases, the walker has no right to be there.” The Access to the Countryside (Northern Ireland) Order 1983 gave some rights, but access is generally modelled on the restrictive 1949 English/Welsh law. The absence of a tradition of access, political influence of landowners and problems of governance have been blamed for the lack of freedom to roam.

Republic of Ireland
Keep Ireland Open is a voluntary campaign organisation with the aim of improving access to the countryside. Journalist Fintan O’Toole called Irish law “perhaps the most negative and mean-minded regime for walkers in Europe”. Access rights in Ireland have been described as being “the most regressive and restrictive access legislation in Europe. Most of the routes used to reach our mountains, hills, seashores, rivers and national monuments pass over private land. In almost all cases, the walker has no right to be there.” The national parks are described by Keep Ireland Open as “the only places in Ireland where freedom to roam exists”, but they only cover 0.9% of the country. Comhairle na Tuaithe was established by Éamon Ó Cuív, Minister for Community, Rural and Gaeltacht Affairs in 2004 to mediate between landowners, state agencies and recreational users of the countryside.

North America

United States
Property rights within the United States include the right to exclude others. But under some circumstances, long-term use of a path across private property may legally establish a prescriptive easement for the public. On federally owned property, the property clause of the constitution grants the United States Congress the authority to regulate federal property “without limitations”.

In the United States governmental entities including cities, counties, states, and the federal government all manage land which are referred to as either public lands or the public domain. The majority of public lands in the United States are held in trust for the American people by the federal government and include about 640 million acres of land, about 28% of the total land area of 2.27 billion acres. Any person, including non-citizens, can legally access and recreate on these lands lawfully. This is often referred to as the North American model of land conservation.

California’s “California Coastal Act” provides a similar right for its beaches, and is successfully suing littoral property owners who try to use trespassing laws to restrict public access to the public portions of a beach.

Florida’s state constitution establishes a public trust of “sovereignty lands”, including wet beaches “below mean high water lines … for all the people,” respecting a freedom to roam there, regardless of any private neighboring dry beach. Local ordinances typically limit this freedom strictly to roaming on foot, and prohibit driving motor vehicles or beaching boats.

The Oregon Beach Bill (House Bill 1601, 1967) was a piece of landmark legislation in the U.S. state of Oregon, passed by the 1967 session of the Oregon Legislature. It established public ownership of land along the Oregon Coast from the water up to sixteen vertical feet above the low tide mark.

Canada
Much of Canada is Crown land owned by the provinces. Some is leased for commercial activity, such as forestry or mining, but on much of it there is free access for recreational activities like hiking, cycling, canoeing, cross-country skiing, horse back riding, and licensed hunting and fishing, etc. At the same time access can be restricted or limited for various reasons (e.g., to protect public safety or resources, including the protection of wild plants and animals). In the Canadian Territories Crown land is administered by the Canadian Federal Government. Canadian National Parks have been created from Crown land and are also administered by the Federal Government. There are also provincial parks and nature reserves that have been similarly created. The aboriginal peoples in Canada may have specific rights on Crown land established under treaties signed when Canada was a British colony, and have claimed ownership of some Crown land.

In Ontario, Canadian citizens and people who have lived in Canada for at least 7 months of the preceding 12-month period are allowed to camp for free up to 21 days on any one site in a calendar year, on crown land/conservation reserves.

Australia
Although formerly a British colony, Australians only have limited access to the land, according to The Sydney Morning Herald. However, much of Australia’s land area is Crown land, which is administered by the Australian states, and while a lot of this consists of pastoral leases, and land owned and run by Aboriginal people (e.g. APY lands), access is normally permitted for recreational purposes to “unallocated” Crown land; though motorized vehicles are required to follow roads.

New Zealand
There is extensive public access in New Zealand, including waterways and the coast, but it is “often fragmented and difficult to locate”.

The “Queen’s Chain” is a concept in New Zealand property law. It is a strip of public land, usually 20 metres (or one chain in pre-metric measure) wide along rivers, lakes and the coast line. It was designed to prevent land upriver or along a coast being inaccessible to any prospective buyers. The strips are incomplete and their exact modern location can be complex to determine. These strips exist in various forms (including road reserves, esplanade reserves, esplanade strips, marginal strips and reserves of various types) but not as extensively and consistently as is often assumed.

In 2007 the government of New Zealand reviewed the rights of public access for outdoor recreation. However, unlike the United Kingdom, “the New Zealand review recommended no increase in the public’s right to access private property”.

Criticism
In recent years population growth 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.