Freedom to roam
The freedom to roam, or everyone's right, every person's right 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.
In Austria, Belarus, the Czech Republic, Estonia, Finland, Iceland, Latvia, Lithuania, Norway, Scotland, Sweden, 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 fundamental 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 countries without such general rights, there may be a network of rights of way, or some nature reserves with footpaths.
Foreshore
Public rights of way frequently exist on the foreshore of beaches. In legal discussions the foreshore is often referred to as the wet-sand area.For privately owned beaches in the United States, some states such as Massachusetts use the low-water mark as the dividing line between the property of the State and that of the beach owner. Other states such as California use the high-water mark.
In the UK, the foreshore is generally deemed to be owned by the Crown although there are notable exceptions, especially what are termed several fisheries which can be historic deeds to title, dating back to King John's time or earlier, and the Udal Law, which applies generally in Orkney and Shetland. While in the rest of Britain ownership of land extends only to the high water mark, and The Crown is deemed to own what lies below it. In Orkney and Shetland, it extends to the lowest Spring ebb.
Where the foreshore is owned by the Crown the public has access below the line marking high tide.
In Greece, according to the L. 2971/01, the foreshore zone is defined as the area of the coast which might be reached by the maximum climbing of the waves on the coast in their maximum capacity. The foreshore zone, apart from the exceptions in the law, is public, and permanent constructions are not allowed on it.
As with the dry sand part of a beach, legal and political disputes can arise over the ownership and public use of the foreshore. One recent example is the New Zealand foreshore and seabed controversy involving the land claims of the Māori people. However, the Marine and Coastal Area Act 2011 guarantees free public access.
Government-owned land
The public has the right to access some but not all government-owned land. Wilderness areas are typically open for recreational use outside of military facilities. Some land owned by the government because it would otherwise be legally unowned is claimed as the territory of Indigenous people, in countries that were colonised.Crown land in 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.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 Indigenous 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.
Crown land in Australia
Much of Australia's land area, including most land below the mean high water mark is Crown land, which is administered by the Australian states. Much consists of pastoral leases, land owned and run by Aboriginal people, and "unallocated" Crown land. Access to the latter is normally permitted for recreational purposes, though motorized vehicles are required to follow roads and to be registered and insured.Public land in the US
Most state and federally managed public lands are open for recreational use. Recreation opportunities depend on the managing agency, and run the gamut from the free-for-all, undeveloped wide open spaces of the Bureau of Land Management lands to the highly developed and controlled US national parks and state parks. Wildlife refuges and state wildlife management areas, managed primarily to improve habitat, are generally open to wildlife watching, hiking, and hunting, except for closures to protect mating and nesting, or to reduce stress on wintering animals. National forests generally have a mix of maintained trails and roads, wilderness and undeveloped portions, and developed picnic and camping areas.Criticism
In recent years increased mobility and affluence have made previously remote areas more accessible and though significant harm or damage is unusual, endangered species are being disturbed, and litter left, by some recreational users.Helena Jonsson, the President of the Federation of Swedish Farmers, argued in 2011 that the way land was used had changed and that the law was out of date and needed to be revised, so as "to bar commercial interests from using the law as an excuse to make a profit while they are on other people's private property".
By area
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, 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. 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 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, "jokaisenoikeus" in Finnish has replaced the older term "jokamiehenoikeus" to refer to the freedom to roam and related rights. The term in Swedish is "allemansrätten", similar to other Nordic countries.The right is not codified in any specific law. Instead, it arises from the principle of nulla poena sine lege - what is not illegal cannot be punished. Things that are not explicitly disallowed, are allowed by default.
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. 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. One may fish with a rod and line, row, sail or use a motorboat on waterways, 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.
When traveling with a motorhome or camper, one can park and spend the night anywhere parking is allowed, including along public roads. Checking parking area signs is essential to ensure compliance with overnight stay regulations. Private and forest roads can serve as suitable parking spots, as long as there are no signage restrictions. Off-road driving requires landowner permission, but parking off-road near the road is allowed for convenience. Overnight stays are generally prohibited in shopping center parking lots, but service stations often provide suitable facilities. When visiting national parks, designated areas or parking lots may allow overnight stays, potentially requiring a permit. Nature reserves have specific rules regarding overnight stays.
One may not disturb others or damage property, disturb breeding birds, 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. 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 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.