[HN Gopher] Mass trespass on Dartmoor to highlight England's 'pi...
       ___________________________________________________________________
        
       Mass trespass on Dartmoor to highlight England's 'piecemeal' right
       to roam laws
        
       Author : chippy
       Score  : 89 points
       Date   : 2024-02-22 10:17 UTC (1 days ago)
        
 (HTM) web link (www.theguardian.com)
 (TXT) w3m dump (www.theguardian.com)
        
       | some_random wrote:
       | Are there any reasons other than purely historic ones for the
       | right to roam on access lands? Because it seems like something
       | that's pretty indefensible as is, either the public should be
       | allowed to responsibly trespass on private land or they
       | shouldn't.
        
         | yummypaint wrote:
         | Some of the right of ways in England have existed and been in
         | continuous use since long before recorded history. A better
         | question is what authority does anyone have to close them?
        
           | some_random wrote:
           | The government definitely, maybe land owners, I don't know a
           | lot about English law. The rights of way that are in
           | continuous use aren't really the subject of this
           | conversation, it's the ones described here that are currently
           | inaccessible.
        
         | fsckboy wrote:
         | > _Are there any reasons other than purely historic ones_
         | 
         | you can't throw reasons away by labelling them historic, the
         | same historic reasons still apply today, call them Chesterton's
         | reasons. They need to be balanced against other reasons, and
         | your reasons and my reasons might be different, but that's what
         | our govts do for us, and when enough people are unhappy we
         | change govts.
        
           | some_random wrote:
           | That's why I'm asking, what are these reasons that need to be
           | balanced against?
        
             | dogman144 wrote:
             | Qualifying the reasons as "purely historic" as if that's a
             | different type of reason is a bit of a dog whistle out
             | around shenanigans with public land access and water rights
             | in the western US, for what it's worth.
             | 
             | Edit - what I mean to be clearer is that when it comes to
             | land access, "historical" (i.e. what's on paper) is the
             | only reason that counts - as in, property rights which span
             | both private property, and the one that many love to forget
             | - public land. Courts consistently hold this up.
             | 
             | Those seeking to limit public land access for more or less
             | greed often attempt to wave away those historical records
             | via "well it's historical, what else is there to consider
             | today," as if their private property rights are not also
             | protected for the same reason.
        
         | mjh2539 wrote:
         | https://www.newadvent.org/summa/2097.htm#article3
        
           | some_random wrote:
           | I don't have the time to decode this borderline schizophrenic
           | nonsense, what's the point and how does it relate to the
           | right to access currently inaccessible land?
        
             | opheliate wrote:
             | Dismissing the _Summa Theologica_ as "borderline
             | schizophrenic nonsense" makes me believe you're just
             | trolling here.
        
             | FooBarBizBazz wrote:
             | It's saying that custom can obtain the force of law. This
             | is relevant to the Right to Roam, because some areas are
             | open to public use by custom, and this can challenge strict
             | interpretations of property rights. I think mjh2539 is
             | trying to gain a rhetorical toehold for traditional Commons
             | rights. Since those rights are traditional and very old, it
             | somehow seems fitting that the argument should be expressed
             | in old-fashioned Catholic theological language.
             | 
             | I appreciate that an intensely "conservative" cultural form
             | is used here to make a pro-populist argument for "liberal"
             | rights.
             | 
             | This lines up well with the kind of stances that the
             | Anglican Church ended up taking in theology. That Church
             | follows both Scripture and Tradition. (By contrast, and
             | generalizing a bit, I think an extreme Protestant stance
             | would tend to value only Scripture.) This feels like a more
             | secular version of same.
        
               | seabass-labrax wrote:
               | Over time I've come to appreciate more the way in which
               | the Anglican Church, as you put it, "follows both
               | Scripture and Tradition". A single clever person can
               | manipulate with relative ease the interpretation of a
               | written document (for instance, scripture), but to
               | manipulate an entire custom is much more challenging,
               | although arguably not impossible. Thus, although evil
               | customs can certainly emerge gradually over time, a given
               | custom is, in my opinion, more often than not founded on
               | an older course of reasoning that was righteous in
               | origin.
               | 
               | To put it more concretely: a written document from a
               | thousand years ago is almost unintelligible to all but
               | specialist linguists, and its accurate interpretation
               | difficult for all but specialist social historians. Yet
               | the customs displayed by a people that long ago would
               | still seem very familiar today. Which would you trust to
               | form the basis of your community's sense of justice - the
               | faded old document in a strange language, or the equally
               | ancient tradition passed down habitually across
               | generations?
        
           | seabass-labrax wrote:
           | Very interesting; thank you for linking to it. I quite agree
           | with Thomas that "...by actions also, especially if they be
           | repeated, so as to make a custom, law can be changed and
           | expounded". This is essentially the same foundation as the
           | English Common Law for the trial by jury - that a group of
           | 'twelve men good and true' have as much justification for
           | determining right and wrong as does a written document. The
           | jury must be drawn from the community of the accused;
           | otherwise, they would not necessarily be of the same custom
           | as the accused and would, therefore, effectively not be
           | making a judgement in the correct jurisdiction.
        
         | hgomersall wrote:
         | The right to roam movement is explicitly about responsible
         | access rights to most of the countryside. As a whole hearted
         | supporter, I agree that the situation is indefensible and needs
         | fixing.
         | 
         | We are essentially excluded from land through centuries old
         | stitch ups intended to exclude the common man. It's stuff that
         | goes back to the Norman conquest when the elite essentially
         | carved up hunting lands for their own benefit, with subsequent
         | enclosure after enclosure that destroyed commons rights.
         | 
         | The intent of the Right to Roam movement is to reclaim some of
         | what was taken from us as a whole.
        
           | sevenf0ur wrote:
           | Ignorant question, but why is it still relevant today? Are
           | there not public lands you can utilize and roads and
           | transportation to get there?
        
             | WD-42 wrote:
             | Americans are used to everything being compartmentalized
             | "if you want to go for a walk drive to the park" but there
             | are people out there that still want to exist and have a
             | sense of real place - the ability to physically move
             | through it is important.
        
             | sp332 wrote:
             | 2/3 of England is owned by 0.36% of the population. Half by
             | 0.1% https://www.theguardian.com/money/2019/apr/17/who-
             | owns-engla...
        
         | OJFord wrote:
         | I don't know if this counts as 'purely historic' or not, but I
         | think the pragmatic answer is simply that it's the law. The
         | land was bought by its present owner knowing that the public
         | had a right of way across it. The law could change, but there's
         | no particular reason for it to any more than there is to argue
         | for it to exist from first principles.
        
         | jltsiren wrote:
         | Land ownership is an arbitrary right created by the government.
         | It's not a natural right, because natural property rights start
         | from the idea that the fruits of your labor are yours. But
         | because the land was already there before humans, it's not a
         | fruit of anyone's labor. You can have natural rights over the
         | land you are actively using, but you will eventually lose those
         | rights if you stop using the land.
         | 
         | And because land ownership is a right created by the
         | government, the government can define the terms and change
         | them.
        
           | crtified wrote:
           | The concept of dominance over territory is one of the
           | foundations of social structure in most natural species.
           | 
           | The fact humanity has formalised that dominance into our own
           | bureaucratic forms is merely stylistic.
        
             | jltsiren wrote:
             | And the dominant entity in human societies is the state
             | with military and police forces. If we continue with this
             | line of thought, the state has the natural right to decide
             | who is allowed to use which piece of land, under which
             | terms. And it has also the natural right to change its
             | mind.
        
       | Alex63 wrote:
       | Slightly off topic, but related: I'm always interested in the
       | different approach to public "right of ways" in the US (and
       | Canada) versus the UK. Given that the concept of public right of
       | way was well established in the UK before the colonial period,
       | why didn't the colonies recognize rights of way based on well-
       | established use? Based on my limited knowledge of the US and
       | Canada, I'm not aware of any State or Province that recognizes
       | the right of the public to cross private land on established
       | paths/trails in the way that is recognized in the UK.
        
         | mjh2539 wrote:
         | Well, for one, public rights of way do exist on, and adjacent
         | to, every public road. But that's kind of besides the point.
         | 
         | I think there's probably many reasons, but here's a few I can
         | think of:
         | 
         | 1. The trails and such that warrant these rights never existed
         | in the first place. 2. The rights come from long-established
         | customs, which again, never got the chance to get going in the
         | United States. 3. The legal/juridical establishment in the
         | United States tended to care more about protecting the rights
         | of property owners than protecting the freedom to travel (in
         | this limited respect).
        
           | bombcar wrote:
           | Also the UK is more "historically dense" than much of the US
           | was (and is!).
        
           | Animats wrote:
           | There's a lot of legal history there. The US never had
           | feudalism. The overthrow of feudalism resulted in reduced
           | land rights for large landowners.
           | 
           | There's another amusing historical accident - Blackstone.[1]
           | Blackstone's _Commentaries_ [2] are a self-contained four
           | volume set on how the English legal system worked. They had a
           | strong influence on the US legal system. Most of the drafters
           | of the Constitution read them. There were few if any law
           | libraries, but many copies of Blackstone.
           | 
           | Blackstone was a property rights absolutist. He wrote:
           | 
           |  _" So great moreover is the regard of the law for private
           | property, that it will not authorize the least violation of
           | it; no, not even for the general good of the whole community.
           | If a new road, for instance, were to be made through the
           | grounds of a private person, it might perhaps be extensively
           | beneficial to the public; but the law permits no man, or set
           | of men, to do this without consent of the owner of the land.
           | In vain may it be urged, that the good of the individual
           | ought to yield to that of the community; for it would be
           | dangerous to allow any private man, or even any public
           | tribunal, to be the judge of this common good, and to decide
           | whether it be expedient or no."_[3]
           | 
           | This is further than English law goes. US law arose from that
           | interpretation. That's the power of writing the most widely
           | read book on the subject.
           | 
           | [1] https://en.wikipedia.org/wiki/William_Blackstone
           | 
           | [2] https://en.wikipedia.org/wiki/Commentaries_on_the_Laws_of
           | _En...
           | 
           | [3] https://press-
           | pubs.uchicago.edu/founders/documents/v1ch16s5....
        
             | zdragnar wrote:
             | This is an argument against eminent domain (which the US
             | still has), not free access to private property.
        
               | Animats wrote:
               | That's the short version. Blackstone on trespass:
               | 
               |  _" (Trespass) signifies no more than an entry on another
               | man's ground without a lawful authority, and doing some
               | damage, however inconsiderable, to his real property. For
               | the right of meum and tuum, or property, in lands being
               | once established, it follows as a necessary consequence,
               | that this right must be exclusive; that is, that the
               | owner may retain to himself the sole use and occupation
               | of his soil: every entry therefore thereon without the
               | owner's leave, and especially if contrary to his express
               | order, is a trespass or transgression. The Roman law seem
               | to have made a direct prohibition necessary, in order to
               | constitute this injury: "qui alienum fundum ingreditur,
               | potest a domino, si is praeviderit, prohiberi ne
               | ingrediatur." But the law of England, justly considering
               | that much inconvenience may happen to the owner, before
               | he has an opportunity to forbid the entry, has carried
               | the point much farther, and has treated every entry upon
               | another's lands, (unless by the owner's leave, or in some
               | very particular cases) as an injury or wrong, for
               | satisfaction of which an action of trespass will lie; but
               | determines the quantum of that satisfaction, by
               | considering how far the offense was willful or
               | inadvertent, and by estimating the value of the actual
               | damage sustained."_[1]
               | 
               | Except for the carve-out for fox-hunting: _" In like
               | manner the common law warrants the hunting of ravenous
               | beasts of prey, as badgers and foxes, in another man's
               | land; because the destroying such creatures is profitable
               | to the public."_
               | 
               | [1] https://lonang.com/library/reference/tucker-
               | blackstone-notes...
        
             | gottorf wrote:
             | > Blackstone was a property rights absolutist
             | 
             | For good reason, one can suppose. Wealth flows downstream
             | from the concept of private property whose rights are
             | strongly guarded by law. An "ideal" amount of property
             | rights, if one exists at all, is likely much closer to
             | absolute than zero.
        
         | dylan604 wrote:
         | There is the concept of easements. Probably not as familiar to
         | the suburban person, but out in the boonies, it is allowed for
         | you to use another person's property to get to your property if
         | there is no other access to your property. For example when
         | your property doesn't have direct access to a road unless using
         | your neighbor's access. Lots of country properties "share" a
         | dirt road
        
           | Alex63 wrote:
           | Noted (I'm actually rural, and have an easement on my own
           | property), but an easement is quite different from a public
           | right of way in the UK. An easement does not create a public
           | right, and (at least in WA state) must be negotiated between
           | the landowners.
        
             | dylan604 wrote:
             | There's also easements into greenbelts. There are some
             | places around lakes where you can only access the publicly
             | accessible areas by crossing private property. Usually,
             | there is a designated path for that access, and the
             | property owner cannot block it from public use.
        
               | myself248 wrote:
               | Then you get into the peculiarity of "corner crossing",
               | where four parcels meet at an infinitesimal point. Can
               | you cross the corner and not be considered to have
               | trespassed onto one of the other pieces? It's.... tricky.
        
               | dylan604 wrote:
               | you must be a really really bad neighbor for anybody to
               | get to "how many angels can dance on a pin head" levels
               | your proposing.
               | 
               | or you can make it a national park and put a surveyor's
               | mark for people to come and visit.
        
               | _whiteCaps_ wrote:
               | https://www.themeateater.com/conservation/public-lands-
               | and-w...
               | 
               | TIL this is a real thing. I thought it was a HN thought
               | experiment.
        
               | nativeit wrote:
               | It only gets tricky when there are wealthy landowners
               | seeking to monopolize public game lands they have
               | surrounded by private property, otherwise it's pretty
               | clearly acceptable to cross.
        
             | ghaff wrote:
             | Yeah. I live in at least exurban area and I have some
             | specific easements I negotiated when I bought. And, in
             | practice, I have more. But if the neighboring owner really
             | wanted to put up some barbed wire fences or the one or two
             | owners along the river walk I often take outside of
             | conservation land really wanted to clamp down, I'm pretty
             | sure I wouldn't have legal options.
             | 
             | Per another comment, some of it at least is that many
             | people really don't want hunting (or destructive off-road
             | vehicles) on their land but have no problem with the
             | occasional person taking a walk on a more-or-less
             | established path.
             | 
             | Even in the UK, I've had an issue with something basically
             | identified as an item of interest on an OS map and getting
             | yelled at for sticking my nose in a gate.
        
             | toast0 wrote:
             | WA state has a private way of necessity [1] (edit: i had
             | the wrong word here). If my land has no access except
             | through your land, you may not deny me access. Although
             | you're welcome to attempt to negotiate with me to get to
             | something that works well for both of us, but if not, I can
             | do something reasonable.
             | 
             | WA also has easements by traditional access, but it seemed
             | pretty limited and easy for property owners to avoid, when
             | I was looking into it.
             | 
             | [1]
             | https://app.leg.wa.gov/rcw/default.aspx?cite=8.24&full=true
        
               | dylan604 wrote:
               | Most people I know in these situations that are
               | neighborly will chip in to the neighbor that "owns" the
               | access to help maintain that access.
        
               | ghaff wrote:
               | Although my understanding (through some personal
               | experience) is that e.g. in Maine it's OK to have only
               | water access. May not still be true but seemed to be in a
               | case I was familiar with.
        
             | cogman10 wrote:
             | It's a little more tricky than that. There are implicit
             | public easements that get created merely by a path being
             | open and commonly used. That's pretty close to the right in
             | the UK.
             | 
             | If you can show that you've been using a specific path for
             | years the owner of that path can lose rights to block
             | access. This is why you see some land owners putting up no-
             | trespassing signs and jealously guarding their land and
             | access. They don't want to lose the ability to effectively
             | control their paths. IIRC, this is a common law thing. It's
             | a bit like trademarks in the sense that land owners need to
             | guard their land otherwise they lose a chunk of it.
             | 
             | The squishiness here is I don't think there's a specified
             | amount of time before the public easement is granted.
        
             | crtified wrote:
             | The fundamental difference between the private and public
             | R'sOW is who the 'agreement' is between.
             | 
             | With private, the agreement is by - or between - private
             | landowner(s).
             | 
             | With public, it's between every applicable private
             | landowner, and the governing authority.
        
           | saagarjha wrote:
           | Suburban resident here. We have easements for local hiking
           | trails as they cross through private property :)
        
         | wesleyd wrote:
         | Maine has right to roam, kind of, in a very american way: you
         | can assume you have permission, unless clearly indicated
         | otherwise. This preserves property rights, but only if you want
         | them. Also there is a strong presumption of zero liability for
         | the landowner (AFAIK!), so landowners aren't particularly
         | incentivized to close off their land.
         | 
         | All thanks to the hunting lobby, I expect.
        
           | ryandrake wrote:
           | Yea, I think the liability thing is key, at least in the USA.
           | I have no problem in concept with allowing the public to roam
           | on my property (as long as they're not taking or damaging
           | things), but I wouldn't want to allow it if they could sue me
           | and win because they tripped on a rock or something.
        
             | ghaff wrote:
             | Anyone can sue anyone for anything. I assume that if you
             | trip on a rock or a tree root on a trail on someone's land,
             | suing would be a man bites dog thing--but so could any
             | number of events. Obviously if you deliberately put some
             | hazard of a trail crossing your property, that could be
             | different. (Though probably edge cases--tricky natural
             | hazard on a well-established trail you didn't do anything
             | about.)
        
           | volkl48 wrote:
           | Also the case in New Hampshire and Vermont. And at least in
           | NH there's some tax incentives for leaving your land
           | unposted/open to that kind of access.
        
         | lozenge wrote:
         | It's in the name isn't it? Colonies. There were already people
         | there who shouldn't have any rights to the land.
        
           | strictnein wrote:
           | Which group of people who were in the Americas had the
           | "right" to the land? The groups that were on the land when
           | Columbus landed? Or the groups that were there when the
           | Pilgrims landed? Or the groups that were there in 1776?
           | 
           | For large swaths of the Americas, these are all different
           | groups, many of which seized the land through violence.
           | 
           | It's something people like to throw out as an argument, but
           | it falls on its face under the most basic of scrutiny. The
           | entire earth was "stolen" many, many times by this
           | definition, making it nonsensical.
        
         | chimeracoder wrote:
         | > why didn't the colonies recognize rights of way based on
         | well-established use?
         | 
         | Because that would have been at odds with colonists' goals of
         | seizing the land from the people whom it previously belonged
         | to, and who were using it.
        
         | bbarnett wrote:
         | In Canada, there are so many streams and rivers, lakes, that
         | these are the 'right to roam' areas. There are all sorts of
         | laws for access, and the country was explored by canoe.
         | 
         | And in the winters of 200 years ago, the lakes became frozen
         | roads.
         | 
         | Yet part of it may also be, that land wss apportioned in large,
         | organized chunks in many cases. Given to settlers, with spaces
         | for roads as part of the plan.
         | 
         | Europe had many places where there was no way to get around,
         | for there were no roads!
        
           | alistairSH wrote:
           | And in the US, access to waterways isn't guaranteed. I'll
           | have to look up the details, but there are sections of the
           | James River in Virginia which are private and the right to
           | privacy was granted in the colonial era.
        
       | gtmitchell wrote:
       | I've always been profoundly jealous of countries with right to
       | roam laws and dream of a day when we might have some thing
       | similar in the US. Here in the west we have so much public land
       | that is effectively closed to access due to wealthy landowners
       | litigating over stupidities like corner crossings so they can
       | monopolize the use of parcels they don't own.
        
         | kleiba wrote:
         | On the other hand, in the US you can buy a piece of forest,
         | build your own private cabin in it if you want and put a fence
         | around your property to keep everyone else out. In the country
         | I currently live in (Germany), you cannot.
        
           | ejb999 wrote:
           | which part can't you do? Just the fence? or did you mean
           | something else?
           | 
           | Is it really true that nobody in Germany is allowed to fence
           | their property?
        
             | kleiba wrote:
             | No, you're allowed to fence your property if you're talking
             | about a lot with a house on it. But if it's a piece of
             | forest you can't. Even if you privately own it, access must
             | be guaranteed for the public.
             | 
             | Oh, and you're not allowed to build any cabins either, even
             | if you own that piece of forest.
             | 
             | However, I'm not certain that that's the case everywhere in
             | Germany or only in some states.
        
               | mrkstu wrote:
               | What's the difference between a house on a 'wooded' lot
               | and a cabin in a forest? Seems an artificial distinction.
        
               | bitbckt wrote:
               | Moreover because most of Germany's "forests" are man-
               | made... are they not mostly "wooded lots"? The
               | distinction maybe arises from green space preservation
               | policies?
        
               | kleiba wrote:
               | I don't think there are any wooded lots in Germany, at
               | least not in the way you're thinking. If your lot is at
               | least a quarter acre big and some 30 feet wide, it counts
               | as a forest.
        
               | lukan wrote:
               | It is mainly artificial. A bit like the zoning codes in
               | the US I think.
               | 
               | There is property where you can build a proper house and
               | live there (requirement is, that there is infrastructure,
               | like water and electricity). Then there are gardens,
               | where maybe a small cabin is allowed (but you may not
               | officially live there). And then there is everything
               | else, where you normally cannot build anything.
        
               | pleasantpeasant wrote:
               | California has some strict laws about beach access for
               | everyone and you still see beach-side homeowners trying
               | to fence off the public's access to the beach or putting
               | up illegal signs that say "Private Property, No Beach
               | Access" or something like that
        
         | justrealist wrote:
         | > Here in the west we have so much public land that is
         | effectively closed to access due to wealthy landowners
         | litigating over stupidities like corner crossings so they can
         | monopolize the use of parcels they don't own. reply
         | 
         | I just want to note that even with these annoying carveouts,
         | the US has far more federal land than other European countries.
         | There's not really an equivalent to the vast national forests
         | in the US west in Europe. Those countries are essentially 100%
         | allocated and settled.
        
           | ghaff wrote:
           | As a practical matter, you may not be able to live in those
           | vast federal lands given the need to eat, but they certainly
           | exist and--to the degree there's car access--you can probably
           | spend a lot of time there if you want to. Probably more than
           | a lot of European countries if you want to.
        
           | bagels wrote:
           | I'm not saying it's wrong that some of the federal land is
           | inaccessible, but there is so much BLM land that is
           | accessible that it would take you a lifetime to exhaust
           | visiting all of it.
           | 
           | But also, the corner crossing thing is really dumb. Why did
           | the federal government establish a checkerboard pattern?
           | Either way, they should just eminent domain 20 feet off the
           | corners and call it a day.
        
             | bitbckt wrote:
             | In the US, it's a legacy of railroad grants.
        
           | WD-42 wrote:
           | By land mass for sure but by practicality of access unlikely.
           | Near urban or small towns going on a daily walk in the US is
           | usually limited unless you are willing to get shot at because
           | "muh property"
        
       | jmugan wrote:
       | I loved roaming in England. Thinking of the US, how does this
       | relate to squatter's rights? If have the impression that it is
       | risky to let people hang out for too long on your land in the US.
       | It also seems to tie into the problem of homelessness that we
       | have in the US.
        
         | trollerator23 wrote:
         | Oh yeah. You'd get shot.
        
         | CaliforniaKarl wrote:
         | It's more than just "hanging out for too long". You have to be
         | clearly occupying the space, and you have to be improving it.
         | 
         | In California, "Adverse possession" requires a lot: You have to
         | occupy a place continuously for 5 years, like how an owner
         | would. You have to pay all taxes on the land for that time. You
         | have to be clearly occupying the land, so it's obvious to all
         | (including the owner). You have to be acting like you are the
         | owner of the land: Getting & paying for electric, water,
         | internet, trash pickup, etc..
         | 
         | So, there's a high bar that has to be met.
        
           | jmugan wrote:
           | Paying the taxes is a very clear bar. That makes sense. I
           | know when I was either buying or selling my last house in
           | Texas I had to sign all these papers that there were no
           | squatters anywhere. Maybe in Texas the bar isn't so clear.
        
           | lukan wrote:
           | How does it work, paying taxes to a property you do not own?
           | You go there and file out something saying, I want to pay
           | taxes for this place, because I want to own it one day?
        
       | balderdash wrote:
       | I think this is a situation of nice in theory harder in practice.
       | Take a look at national and state parks in the US, for the most
       | part people are pretty good, but then again they have police
       | forces /rangers, and there is a reason.
       | 
       | On my family's farm, the whole place was posted: "no
       | trespassing/no hunting" yet we'd have people out in a pasture
       | trying to pet farm animals or horses or find deer stands and
       | trash (mostly beer cans in the woods), or people who would help
       | themselves to our raspberries/apples etc., not to mention the
       | amount of trash we'd find and clean up along our road frontage. I
       | can't believe how much worse it would be if people felt entitled
       | to be there.
       | 
       | I'm generally aligned with principle of right to roam, but I
       | think it'd be a nightmare in practice. + I can't even think about
       | the associated liability when some person gets kicked by horse or
       | gets shocked by an electrical fence etc.
        
         | tomrod wrote:
         | Tragedy of the commons for right to roam versus the need for
         | georgist taxation when its missing. Very interesting comment --
         | appreciate your input!
        
         | WD-42 wrote:
         | I don't think the right to roam is necessarily the same thing
         | as you portray as the right to "hang out". There are many
         | places in the US where property lines make impenetrable
         | barriers to public land. Your farm might have fences that share
         | a side with your neighbors, and then theirs, and so on for
         | miles even if there is a national park behind you. Americans
         | have such a preoccupation with "muh property" that this is seen
         | as totally normal and acceptable but it really shouldn't be.
        
           | balderdash wrote:
           | I'm pretty sure it's exactly that - Scotland's right to roam
           | includes limited commercial activities (bike tours/hiking
           | tours) as well as camping. It's not just cutting across
           | someone's field to access a park
           | 
           | [1]https://www.skyhookadventure.com/blog/scotland-right-to-
           | roam...
           | 
           | [2] https://www.morton-fraser.com/insights/right-roam-
           | scotland
        
         | lukan wrote:
         | People do not want to trespass on private land here - they are
         | upset that they have to trespass private land, to reach the
         | land where they have the right to roam. But they are usually
         | surrounded by fences of private land.
         | 
         | "In 2000 the Countryside and Rights of Way Act gave people a
         | right to roam over certain landscape types, such as mountains,
         | moorland, heathland, downland and commons.
         | 
         | However, the campaign group Right to Roam argues that this
         | landscape - known as "access land" and covering about 8% of
         | England - is often surrounded by farmed fields and other
         | privately owned landscapes, creating inaccessible "islands" of
         | free-to-roam land."
        
           | balderdash wrote:
           | My point is not about trespassing but rather "responsible
           | access" - people still feel ok not acting responsibly (while
           | trespassing) if you increase the number of people accessing
           | land you are by definition going to increase the number of
           | people acting "irresponsibly" (there is a zero percent chance
           | that 100% of people act responsibly)
        
             | actionfromafar wrote:
             | I feel the same way about money.
        
       | tomrod wrote:
       | A map of the islands & barriers would be very helpful to the
       | messaging here.
        
       | jonathankoren wrote:
       | Feels like Vinod Khosla's "public" beach.[0]
       | 
       | In unrelated news, I'm currently looking for investors to
       | purchase a surplus LCAC[1] for midnight beach outings.
       | 
       | [0] https://www.kqed.org/science/1955623/the-neverending-
       | battle-...
       | 
       | [1] https://youtu.be/5Tj9KU8q8rk
        
       | skeletal88 wrote:
       | These limitations are difficult to understand. I guess that lords
       | and landowners hsd to repress the peasants in the uk with all
       | possible means but.. this is silly.
       | 
       | Here,in Estonia, everyone can walk on anyones land unless it is
       | someones private home or its surrounding yard (lawn, fields,
       | etc).
       | 
       | You can walk, hike, collect berries and mushrooms for private use
       | everywhere (unless it is on an industrial scale).
       | 
       | If your piece of land is on a sea or lake side or a river, then
       | you must provide access to it, 5 metres from the waterline must
       | be acessible for everyone and can't be fenced off.
       | 
       | I once saw a news item from the uk where someone from Latvia was
       | collecting mushrooms, the land owner didn't like this and the
       | mushroom gathrer had to pay a big fine. Even though nobody was
       | stolen from since the people in the uk don't know anything about
       | wild mushrooms and thry would just rot and go bad. Kind of absurd
        
         | mc32 wrote:
         | I think these things work till people take advantage of the
         | assumptions of the social contract.
         | 
         | You can have nice things like this till they get abused.
        
           | ildjarn wrote:
           | Many countries have this system (Norway, Scotland, Estonia...
           | ) and it works fine.
        
             | frutiger wrote:
             | Those countries either have a low population density,
             | immigration rate or nature there is far more remote than in
             | England.
        
           | moses-palmer wrote:
           | I, personally, think you can have nice things like this and
           | they will not get abused. If the right to forage mushrooms on
           | a non-industrial scale, or to walk along the shore next to a
           | house without disturbing the inhabitants is given, in my
           | experience people will respect the limitations.
           | 
           | It appears that the laws where I live are quite similar to
           | those in Estonia in this aspect, and I have never heard of
           | any real abuse.
        
             | andrewflnr wrote:
             | Depends where you live, optimistically. Many public lands
             | in the US have a policy that you can camp there for free.
             | I've used a lot of these sites. Very often, they're fucking
             | gross. Styrofoam and beer cans overflowing from the firepit
             | is common. At one site I cleaned up a turd that could have
             | been from a big dog, but was suspiciously human-sized. This
             | happened all over the country. Many national forests now
             | make their own exceptions to the free camping rule, and I
             | have little doubt it's in response to this rampant abuse.
             | The abusers are out there.
        
             | karaterobot wrote:
             | > I, personally, think you can have nice things like this
             | and they will not get abused.
             | 
             | Really? I'm not saying you're wrong, but it's much easier
             | for me to think of counterexamples than supporting
             | examples. Hikers leave garbage on trails all the time. Even
             | dog owners let their pets leave little presents for other
             | people to take care of. I love right to roam laws, but I
             | can see the other side too. I think we have to weigh the
             | tradeoffs and accept that there's a cost--one that may be
             | outweighed by the benefits, surely--not deny that any costs
             | exist.
        
         | Throw494955 wrote:
         | Except the barbed wire fence, you put on your border, so
         | refugees from Africa and Arab countries can not get into your
         | country. With labels like "No Vacancy".
         | 
         | Estonia is a white ethno state full of racist people!
        
           | actionfromafar wrote:
           | Do you mean the border to Russia? If they wanted to be in a
           | white ethno state full of racist people, maybe _not_ crossing
           | could also be a good-enough solution. Not perfect, but close
           | enough.
        
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