Right of entry (recreation, sport)

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The right of access regulates the common use of unfamiliar areas such as forests and corridors for the purpose of recreation.

Germany

Bicycle- compatible road signage Usinger model

As far as private areas are concerned, the right of entry is a restriction of the right of property ( Art. 14 GG ). It is regulated in several federal framework laws: regarding roads, paths and unused areas in the open landscape in Section 59 of the Federal Nature Conservation Act , regarding forests in Section 14 of the Federal Forest Act and regarding water and ice surfaces in the Water Management Act .

Floor space can be permanently or temporarily unused. Field edges, heather, moor, wasteland, fallow or rocky areas are unused in the long term. Agricultural areas are temporarily unused outside of the usage time. In the case of fields, the time between sowing or cultivation and harvesting, in the case of pastures and meadows, the time between growth and completed grazing or mowing is considered to be the useful time. Special crops such as gardening, fruit growing or viticulture are considered to be permanently used; these may only be entered on paths.

You enter at your own risk. Use-typical dangers, especially from agriculture and forestry (slippery mud, softwood splinters, harvest residues, etc.) must be particularly expected. The right of access does not lead to special maintenance or liability obligations of the landowner or landowner (see also LG Kleve of July 13, 1990 - 1 O 500/89; LG Kleve of March 24, 1995 - 1 O 355/94; OLG Düsseldorf from November 21, 1996 - 18 U 71/96, also OLG Karlsruhe from December 20, 1974 - 10 U 115/74). Without road traffic directions, e.g. As for hikers, there is also no factual reclassification of roads, especially rural roads . A forest path remains a forest path and does not become a footpath, riding path or cycle path within the meaning of § 41 StVO.

The Federal Forest Act explicitly lists riding, cycling and driving with patient elevators in addition to entering, but limited to paths and roads. However, both laws give the federal states the opportunity to determine more details about entering and the inclusion of other modes of transport in the right of access (including riding and driving in fields, forests and meadows) through state law.

So as far as cycling and riding on private areas outside the forest is to be provided, this must be expressly provided for in the relevant state law: Art. 14 GG requires that the content and restrictions of property only be regulated by law, i.e. not by a sub-statutory norm ( Statutes , ordinances , etc.) ( reservation of the law ). So is z. B. in Hesse and Rhineland-Palatinate, cycling is not included in the right of access.

In cases that have to be justified depending on the state law, owners of land (usually with the consent of the competent authority for forest or nature conservation) can block them for public use.

A special feature is Art. 141 of the Constitution of the Free State of Bavaria . Among other things, this makes free access to natural beauties and relaxation in the great outdoors, together with the right of access, a constitutional right. It obliges municipalities and the state to give the public access to mountains, lakes and rivers, which is why the state has a statutory right of first refusal on lakeshore properties in Bavaria . Art. 141 Paragraph 3 regulates "The enjoyment of natural beauties and recreation in the great outdoors, in particular entering the forest and mountain pasture, driving on the water and appropriating wild forest fruits to the extent customary in the area is permitted to everyone."

Finland, Norway and Sweden

In these three Scandinavian countries there are clearly more extensive rights under the term “Jedermannsrecht”, which, under certain conditions, also allow sleeping in tents, making a fire and fishing.

Great Britain

Public right of way in the United Kingdom differs between parts of the country. The age-old customary right to move freely on uncultivated land in Scotland was enshrined in the Land Reform (Scotland) Act 2003 . In England and Wales , on the other hand, there is no general right of access. Forests and meadows may only be entered here if there is either a public right of way or the respective country is explicitly designated as an access land .

New Zealand

A kind of right of access with free access to all waters, as well as free use of a strip 20 meters wide along all coasts and waters, was granted to the residents of New Zealand by Queen Victoria in 1840. From 1992, the vaguely regulated law, traditionally called the Queen's Chain , became the subject of debate. The main point of contention was entering private property. The Walking Access Act passed in 2008 and the Outdoor Access Code 2010 regulate access to bodies of water and access to forests, meadows and mountains on foot, on horseback and by bike. Entering private property in order to get to the (public) water strip is now not permitted, except via all, even unmarked, roads that are legally designated as roads ("legal roads").

Austria

In Austria there is a general right of access under the term freedom of movement. According to Section 33 of the “Forest Act” from 1975, there is freedom of movement in the forest. This means that everyone is allowed to enter the forest for recreational purposes and to stay there, walk, hike, run, but not ride, drive, camp or camp in the dark. Skiing in the forest as well as touring, cross-country skiing, snowshoeing and sport climbing are also covered by this right of access. In Tyrol and Lower Austria , the general public's right to enter and use the mountains for mountain sports is understood as customary law . The wasteland above the tree line, with the exception of the areas used for agriculture other than grazing, is free for tourist traffic and can be entered by anyone. This right of access also applies off-road. There are legal restrictions on these access rights.

Switzerland

In Switzerland there is a free right to enter forests and pastures, which comes close to the right of everyone in the Scandinavian countries. The right regulated in Article 699 of the Civil Code also includes the free collection of forest products to the “customary extent”, but not for commercial purposes. Except in special cases such as B. to protect young forest or biotopes, private forests may not be fenced in to prevent unauthorized persons from entering.

Spain

In general, as in most of the Romance countries, there is no general right of access in Spain. The “Spanish Coastal Protection Act”, however, determines the restriction and expropriation of private property to protect the Spanish coasts and guarantees the general public's right to walk and walk on the entire coastal strip.

United States

In the United States, as in England and Wales, there is no general right of access. Walking and cycling in meadows and in the forest are only permitted if the owner expressly agrees to this in advance. Public lands , on the other hand, are mostly free for use for recreational purposes.

literature

Web links

Individual evidence

  1. ↑ Hans-Albert Wagner: Right to enter third-party properties in the context of the ... / 1.3 Free landscape. In: Haufe. Retrieved May 18, 2020 .
  2. ↑ Section 44 (2) sentence 2 of the Baden-Württemberg Nature Conservation Act. Retrieved August 11, 2020 .
  3. ↑ Section 27, Paragraph 1, Clause 3 of the SächsNatSchG. Retrieved August 11, 2020 .
  4. ↑ Section 44, Paragraph 2, Clause 3 of the Baden-Württemberg Nature Conservation Act. Retrieved August 11, 2020 .
  5. ↑ Section 27, Paragraph 1, Clause 4 of the SächsNatSchG. Retrieved August 11, 2020 .
  6. ^ Land Reform (Scotland) Act 2003. In: legislation.gov.uk. The National Archives, accessed July 9, 2015 .
  7. ^ Paul Clayden, John Trevelyan: Rights of Way. A guide to law and practice. Edited by The Ramblers' Association. 4th edition 2007. ISBN 978-1-901184-99-0 . (English)
  8. ↑ Queen Victoria's legacy ( Memento of the original from December 14, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (English) @1@ 2Template: Webachiv / IABot / www.recreationaccess.org.nz
  9. ↑ a b The 'Queen's Chain' ( Memento of the original from December 13, 2013 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (English) @1@ 2Template: Webachiv / IABot / www.recreationaccess.org.nz
  10. ↑ NEW ZEALAND OUTDOOR ACCESS CODE (PDF; 1.4 MB) (English)
  11. ↑ Helmut Gatterbauer: Unrestricted relaxation in nature - a legal claim. March 1993 ( pdf )
  12. ↑ Impediments to Public Recreation on Public Lands: Oversight Hearing before the Subcommittee on Public Lands and Environmental Regulation of the Committee on Natural Resources, US House of Representatives, One Hundred Thirteenth Congress, First Session, Tuesday, May 7, 2013 (English)