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The freedom to roam, or everyman's right is a term describing the general public's right to access certain public or privately owned land for recreation and exercise. The term is sometimes called right of public access to the wilderness or the right to roam.

Contents 1 The 'Freedom to Roam' in different countries 2 In Nordic countries 2.1 Finland 2.2 Norway 2.3 Sweden 2.4 Some differences between the Nordic countries 3 Right to Roam in the British Isles 3.1 Scotland 3.2 England and Wales 4 Criticism 5 See also 6 External links 7 Notes

In England such access applies 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 it 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 practise in the rainforests 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.

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^[1] 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 feudalism 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 commonners 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, or "temporarily"), boating on somebody else's waters, and to pick wildflowers, mushrooms 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 Finland fires are sometimes allowed on state owned land and in Sweden 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 include commercial exploitation of the land. For example, workers picking berries is legal only with the landowner's permit.

In Finland, everyone may walk, ski or cycle freely in the countryside (i.e. on all private land, except in gardens in the immediate vicinity of people’s homes or in fields and plantations which could easily be damaged. During the winter, however, skiing is permitted on fields). They may stay or set up camp temporarily in the countryside, a reasonable distance from homes, pick wild berries, mushrooms and flowers (as long as they are not protected species). They may fish with a rod and line, row, sail or use a motorboat on waterways (with certain restrictions), and swim or wash in both inland waters and the sea. They can walk, ski and fish on frozen lakes, rivers and the sea.

The right is restricted. They may not disturb other people or damage property, disturb breeding birds (or their nests or young), or disturb reindeer or game animals. They may not cut down or damage living trees, or collect wood, moss or lichen on other people’s property, nor may they light open fires on other people’s property (except in an emergency). They cannot disturb the privacy of people’s homes, by camping too near to them or making too much noise, and neither can they leave litter, drive motor vehicles off road without the landowner’s permission, or fish or hunt without the relevant permits. [1]

Income from selling the berries or mushrooms picked is tax-free. There are exceptions to the right to pick berries and mushrooms, where the land-owner's permit is required: in the municipality of Enontekiö, and when hiring workers (particularly if importing foreign workers) to collect berries. In these cases, picking berries has been seen as commercially significant.

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, 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 were the right is valid and where it is not. The law specifies innmark thoroughly, ^[2] all other areas being utmark. Utmark is generally speaking uninhabited and uncultivated areas and where the right is valid. 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).

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.

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. 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.

In Sweden, Allemansrätt (lit. every man's right) has existed for many centuries only as a customary law. But since 1994 it has been established as written law. 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".

Allemansrätt gives a person the right to access, walk and camp on any land - with the exception of private gardens and land under cultivation. Exceptionally, a piece of land can also be exempted for whole or part of the year for reasons like its importance to easily disturbed breeding birds. It also gives the right to pick wildflowers, mushrooms and berries provided one knows they are not legally protected, as well as the right to swim in any lake and put an unpowered boat on any water. Fishing remains essentially private - apart from on the biggest five lakes and around the coast - and access to land by means of motor vehicles can be limited or restricted. At certain times of the year, and with certain restrictions, both fires and dogs are also permitted.

There are some significant differences in the rules of different countries. In Sweden exercising of the rights is overseen by the Swedish National Environmental Protection Agency - which can, for example, force the removal of a fence if it obstructs people's right to enter the property under the "Everyman's Right" (see Swedish environmental law - 'Miljöbalken 26 kap. 11 §'). In northern Norway Cloudberries belong to the land owner. In Enontekiö, Finland, berry picking is excluded from the everyman's rights, requiring the landowner's permission, since it has commercial importance.^{[citation needed]}

In the United Kingdom feudalism was established and the absolute property right of the sovereign meant that all land was in some way owned by the Crown. The land owners had - and still have - a very strong position regarding their property rights. 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 popular sights such as Chrome Hill and Parkhouse Hill in the Peak District with very little economic interest to the owner has been out of access to the public.

The Ramblers' Association works to improve the rights of walkers in the United Kingdom and has been a driving force behind the recent legislation improving the public's access to the wilderness.

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. ^[3]

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 2000 was gradually implemented from 2000 onwards in order to give the general public the conditional right to walk in certain areas of the English and Welsh countryside.

Traditionally the public could walk on established public footpaths and land owners could charge a fee if people wanted to gain access to any other areas.

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 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.

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 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 Plans.

Critics of a general right of public access sometimes assert that it threatens the management practices of property owners who have created and preserve many environmentally important qualities. It has also been argued that newly created access rights should lead to some form of financial compensation for private landowners.

• air rights
• campsite
• crown land
• easement ("the right of use over the real property of another")
• land rights
• open access (disambiguation)
• prior appropriation water rights
• property
• public space
• public trust doctrine
• riparian water rights
• trespass
• list of wild foods
• protected areas of Finland
• tourism in Sweden

• Norwegian embassy info on the right of access
• Allemansrätten: Swedish National Environmental Protection Agency (Swedish)
  • Information in English
• Allemansrätten: tourist information
• Everyman's Right in Finland (Booklet in English, German, and French)
• England and Wales Countryside Rights Of Way act fact sheets
• Land Reform (Scotland) act explanatory notes
• Article on origins of right to roam