Freedom to roam

The Right is in the Nordic countries (except Denmark), Scotland and valid in Switzerland, common law, which admits all people certain basic rights in the use of wilderness and some private land ownership. Since the everyman allowed to make activities such as camping and fire, under certain conditions, it is more than a simple right of access, as it is for example in Germany, also.

  • 3.1 Free movement in nature
  • 3.2 Accommodation
  • 3.3 In the water
  • 3.4 Collecting and picking
  • 3.5 out fish
  • 3.6 fire
  • 3.7 waste

General

The Right consists in slightly different, but basically the same characteristics in Sweden ( allemansrätten ), Norway ( allemannsretten ) and Finland ( allemansrätten or jokamiehenoikeus ). Similar regulations apply to forest, pasture and unkultivierbares Country in Switzerland. A similar tradition is also available in Scotland, but not in the rest of the UK.

In general, the right of public access includes the right of everyone to enjoy the outdoors and use their fruits, regardless of ownership at the respective land. The exercise of the right Every man is therefore not subject to the consent of the landowner.

Likewise, the general right of public access is also limited by the requirement that its exercise neither the nature nor other people may inflict damage, faults or other disadvantages. In particular, the domestic peace of the land owner to look for, so that, for example, to keep houses always an appropriate distance. Moreover, the right of public access in certain areas are subject to special restrictions, especially in national parks, nature reserves or military zones. So the tents, for example, basically banned in many Swedish National Parks.

However, the hunting, capture of animals and the collection of eggs fall anywhere under the everyman. Any violations will be prosecuted as poaching and severely punished.

Legal regulation

Finland

The Right is ancient tradition and governed as customary law limited writing. The boundaries of what is permissible, however, are in various laws, such as the Nature Conservation Act and the Criminal Code set.

Norway

The Right is enshrined in the "Law on the outdoor life " of 28 June 1957.

Scotland

The ancient common law, not allowed to move freely in Scotland on uncultivated land, it was written with the Land Reform ( Scotland) Act 2003. For the situation in the rest of the UK, see: Public Right of Way (United Kingdom)

Sweden

As in Finland no everyman also exists in Sweden in writing, the limits of the permissible, however, are specified in other laws. In the 1940s, came to Sweden the word Allemansrätt in use as a description of this ancient rules - but still lex non scripta. Only in 1994 was a short text in the Basic Law ( Regeringsformen ), which everyone free access to nature guaranteed.

Switzerland

The general rights to use certain countries have their origins in the medieval rights of all citizens of a given area of common property as common land or unclaimed land (eg in high mountains, sewers, etc.). The regulations are primarily in the Swiss Civil Code (CC ). Some cantons regulate the access and usage rights of persons with no special rights in more detail.

According to the Civil Code applies, that forest and pasture are available to everyone, the extent that no excessive use is associated. Except in special cases, such as for the protection of young forest or biotopes, even private forests must not be fenced to prevent entry of foreign persons. But particularly use -intensive activities with possible damage potential to the property (eg events in the forest, access by car or motor vehicles ) can be made dependent on grants. Analogous rules apply to non usable land as public waters, rock, snow and ice - regardless of whether this is in fact abandoned (ie the sovereignty of the cantons is, so that no new private property may be justified ), or the barren country is in exceptional cases to private ownership.

For the Protection of culture through the canton concerned Also, a limitation of the exercise of the right of every man be adopted (eg for the picking of mushrooms, picking berries and wood in the forest).

Other countries

In Denmark there is no historically arisen everyman, but the sleeping in a tent for non-motorized travelers is currently tentatively permitted to similar conditions as in the rest of Scandinavia in about 40 forests.

In the Baltic States the free stay is tolerated in tents and recreation vehicles outside of national parks. In Austria (paths freedom ) and Germany ( right of access ), however, only be permitted to enter the woods and fields on foot or on skis for the general public is normally permitted.

In New Zealand, the free stay in tents and recreational vehicles is among New Zealanders traditionally a popular form of holiday that is gaining popularity even among budget travelers from overseas. Due to increased tourism and increasing cases of pollution from so-called freedom campers was the Freedom Camping Act passed in 2011 that the free stay on public land which regulates, inter alia, local authorities, the Freedom Camping limit in their field, but not totally prohibit may ..

Components of every man right

Free movement in nature

Visitors and hikers is the Right of the possibility of the country on foot, on skis or traverse by bicycle. Motorized vehicles may, however, not be used. Motorized vehicles may be parked on uncultivated land on the roadside but when hindered by neither the market nor damage will be done.

There must be no damage to yards and gardens, fields, meadows or reforestation can be done. In summer fields with the use of paths have to be crossed, while the movement on fields in winter is free. Will open doors, gates and similar closing devices, they must be closed immediately after passing again, so that, for example, no cattle may run away. The area around a house, called the House Zone of Peace must not be crossed. Whether the private land is fenced or not, is irrelevant.

Norway: Cultivated land may be entered only in the winter when the ground is frozen or snow covered without permission of the owner.

Stay

On the Right of uncultivated land allows any camping for a night or two. In the vicinity of homes, however, always the landowner's permission must be obtained; this is also true for groupwise tents. In sparsely populated areas, the everyman's right allows the tents at one point even for several nights. It may be carried out for the night, no additional structures. Also one must dig up the ground only to the extent that its appearance is not significantly changed.

Norway: While camping is to keep occupied houses and cottages as much distance that its residents are not disturbed, but at least 150 meters.

In the water

In all these countries there is in principle free access to seashores, lakes and rivers. Swimming, rowing, canoeing, sailing and temporary mooring boats is permitted anywhere except on private land and areas with a governmental prohibition of access. Specific prohibitions or commands are marked by official signs. Only in Scotland on the website maintained by British Waterways waters ( Caledonian Canal including Loch Ness, Crinan Canal, Lowland Canals ) require non-motorized boats a license, however this is available free of charge. For motor boats, different country-specific provisions apply:

Finland: The Run of motor boats is generally permitted on all waters.

Norway: The Run of motorboats is permitted in principle to salt water and on lakes with a surface area of ​​more than 2 km ², only if form on rivers and small lakes this part of a public shipping lane. However, local bans are imposed.

Scotland: The Run of motor boats on inland waters is permitted only with a valid license for the respective waters.

Sweden: The driving of motor boats on all waters, are permitted watercraft may, however, be used only in specific registered areas and on public waterways.

Collecting and picking

Wild berries, mushrooms, flowers, fallen branches and dry twigs may be picked or collected for personal use. Here there are various restrictions depending on the country. Several rare plants are put under protection and may not be picked. The transport of live trees and shrubs, the breaking of twigs, branches, twigs, bark, resin and sap of living trees is also prohibited.

Finland: In parts of Lapland the cloudberry may be picked only by locals.

Norway: Not regulated in everyman itself, but in the criminal law. Thus, may be picked only on non-fenced land. Wild growing nuts and cloudberries not allowed to pick only for immediate consumption.

Sweden: Picking of nuts and acorns is not permitted. This is not the everyman, but the Swedish criminal law (Article 12, § 2) regulated.

Fishing

In Finland, only the Pole fishing (fishing with hook and line, without roll ) is generally permitted with natural bait in the context of Every man law. In fresh water, however, there may be local restrictions and bans. For all other types of fishing equipment authorization is required. Persons under 18 and over 64 years do not require approval.

In Norway may in salt water, so in the open sea and in the fjords, be fished without permission. Fishing in freshwater as well as any other type of fishing is only allowed with a fishing license. Fishing permits are valid only in certain regions, where they are available from tourist information, shops and kiosks. Persons without fixed residence in Norway may not sell self-caught fish. Since June 1, 2006, it is also no longer allowed to carry more than 15 kg, self -caught fish or fish products per person from Norway. Except for freshwater fish as well as salmon, trout and char in so far as they were caught with permission. Excluded are also fish and fish products that are not caught themselves, but have been proven bought at a registered business enterprise.

In Scotland may be fished only in the sea without permission. Fishing in freshwater as well as any other form of fishing only with permission.

In Sweden, the everyman's right does not include the right to fish. The Swedish government has cashed out the rights to ' ice fishing and fishing with a simple spindle loose tail in the sea and in the five largest lakes in the country ( Vänern, Vättern, Mälaren, Hjalmaren and large lake ) by the owners of what is considered " free fishing " is known. For all other waters, and any other form of fishing a permission ( Fiskekort, "Angel Card" ) is required. Also for holders of a fishing license further restrictions may be placed on certain waters. So may be limited, the number of per person per day maximum catching fish, or it may not be caught certain fish species.

Fire

In principle, it is - except in Finland - allowed to light on uncultivated land a campfire as long as you can while the greatest caution. If there is a risk that vegetation could catch fire, no fire may be made. Also on rocks must be made no fire as they may explode. Special care should also be on moss, peat, and other similar surface, since a fire can weiterschwelen unnoticed. Ideally, one uses a specially-designed fire pit. Also, one should always make sure that in an emergency is sufficient water available. Before a fire pit is left, it is essential to ensure that the fire is completely out.

In case of fire danger due to drought, the local authorities may prohibit the fire making. Such a ban then also applies specially decorated fireplaces. In national parks and nature reserves may be further restricted or even prohibited altogether makes fire. Whether lighting fires at a particular location is just allowed or not, can be requested in each individual case at the respective local government, police station or tourist office.

As fuel may lying on the ground dead wood, twigs, etc. can be used. There must be no branches, twigs or bark be cut or broken off of living trees.

Finland: The kindling of open fire is allowed without permission from the landowner only in emergencies. Camping stoves and similar devices where the fire can not come into contact with the ground, and specially decorated fireplaces may, however, be used.

Norway: In the period 15 April to 15 September, kindling of open flames near forest is generally prohibited.

Waste

Do not waste are left behind. Even the burial of waste, except excrements is not allowed, since animals dig them up again and can cause injury. For the same reason, no garbage bags may be parked next to already -filled waste containers.

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