Everyone's right

This article explains the Scandinavian and Alpine Everyman's Rights; for other meanings see Jedermannsrecht (disambiguation) .

The right of everyone , in Switzerland everyone's right of access , is a common law valid in the Nordic countries (except Denmark ), Scotland and Switzerland , which grants all people certain basic rights in the use of the wilderness and certain private land property . Since the Everyman's Right also allows activities such as camping and making a fire under certain conditions, it goes well beyond a mere right of access , as is the case in Germany, for example.

General

The Everyman's Right exists in slightly different but basically the same forms in Sweden (allemansrätten), Norway (allemannsretten) and Finland ( allemansrätten or jokamiehenoikeus ). Similar regulations apply to the right of access for everyone to forests, pastures and uncultivated land in Switzerland. A similar tradition exists in Scotland, but not in the rest of Great Britain .

In general, everyone's right includes the right of every person to enjoy nature and to use its fruits, regardless of the ownership structure of the respective land. The exercise of the right of everyone does not depend on the consent of the landowner.

Just as generally, however, the right of everyone is also limited by the condition that exercising it must not cause harm, disruption or other disadvantages to nature or other people. In particular, the domestic peace of the landowner is to be respected, so that z. B. to residential buildings must always be kept a reasonable distance. In addition, the right of public access may be subject to special restrictions in certain areas, especially in national parks , nature reserves or restricted military areas . For example, camping is generally prohibited in many Swedish national parks.

The hunting , catching of animals and collecting eggs do not fall under the Right of, but count as poaching .

Legal regulation

Finland

Everyman's right is an ancient tradition and, as customary law, is only regulated to a limited extent in writing. However, the limits of what is permitted are set out in various laws, for example the Nature Conservation Act and the Criminal Code.

Norway

Everyman's right is laid down in the “Law on Outdoor Life” of June 28, 1957.

Scotland

The age-old customary right to move freely on uncultivated land in Scotland was enshrined in the Land Reform (Scotland) Act 2003 . For the situation in the rest of Great Britain see: Public Right of Way (United Kingdom)

Sweden

As in Finland, there is no written form of public rights in Sweden, but the limits of what is permitted are set out in other laws. In the 1940s the word allemansrätt came into use in Sweden to describe these ancient rules - but still lex non scripta . In 1994 there was a sentence in Chapter 2 (§ 15, last sentence) of the Regeringsformen (the Regeringsformen is one of the four Swedish basic laws ), which guarantees everyone free access to nature.

Switzerland

The general rights of use of certain countries have their origin in the medieval rights of all citizens of a certain area to common property such as common land or ownerless land (e.g. in high mountains, public waters, etc.). This is primarily defined in Article 699, Paragraph 1 of the Civil Code . Individual cantons regulate the access and usage rights of people without special usage rights in more detail.

According to the Civil Code, forests and pastures are accessible to everyone, provided they do not involve excessive use. 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. Particularly high-use activities with possible damage potential to property (e.g. events in the forest, access with cars or motor vehicles) can, however, be made dependent on permits. Analogous regulations also apply to unusable land such as public water, rock, snow and ice - regardless of whether this is actually ownerless (i.e. is subject to the sovereignty of the cantons so that no new private property can be established) or the barren land in exceptional cases is privately owned.

In order to protect nature, the canton concerned can also impose a limitation on the exercise of the right of everyone (e.g. picking mushrooms, collecting berries and wood in the forest).

Other countries

In Denmark there is no historically evolved Everyman's Right, however, tentatively, non-motorized travelers are currently permitted to spend the night in tents in around 40 forests under conditions similar to those in the rest of Scandinavia .

In the Baltic States , free overnight stays in tents and camping vehicles are tolerated outside of national parks . In Austria ( freedom of movement ) and Germany ( right of entry ), however, normally only entering the forest and fields on foot or on skis is permitted for the general public. In Bavaria the law is codified in the mushroom paragraph of the constitution . In Art. 141 of the Bavarian Constitution, the following is defined, among other things: "The enjoyment of natural beauties and relaxation in the great outdoors, in particular entering forest and mountain pastures, driving on the water and appropriating wild forest fruits to the extent customary in the area is permitted to everyone . ”In Brandenburg the following also applies:“ Hikers, cyclists, horse riders and water hikers are allowed to pitch tents in the open countryside for one night. ”

In New Zealand , the free overnight stay in tents and camping vehicles is a traditionally popular form of vacation among New Zealanders, which is also gaining popularity among budget travelers from overseas. Due to increased tourism and increasing cases of environmental pollution by so-called freedom campers , the Freedom Camping Act was passed in 2011, which regulates free overnight stays on public land. a. local authorities may restrict Freedom Camping in their area, but not prohibit it entirely.

Components of the everyone's right

Free movement in nature

The Everyman's Right gives visitors and hikers the opportunity to cross the country on foot, on skis or by bike . Motorized vehicles, however, may not be used. Motorized vehicles may, however, be parked on uncultivated land at the roadside, provided that it does not obstruct traffic or cause damage.

No damage may be done to courtyards and gardens, fields, meadows or afforestation. In summer fields must be crossed using paths, while movement in fields is free in winter. If gates, gates and similar locking devices are opened, they must be closed again immediately after passing, so that z. B. no cattle can escape. The area around a residential building, the so-called house peace zone, must not be crossed. It does not matter whether the private property is fenced or not.

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

Stay

On uncultivated land, everyone's right allows everyone to camp for one or two nights. However, permission must always be obtained from the landlord in the vicinity of residential buildings; this also applies to group camping. No additional structures may be made for the overnight stay. Also, you can only dig up the soil so far that its appearance is not significantly changed.

Norway: When camping, keep enough distance from inhabited houses and huts so that their residents are not disturbed, but at least 150 meters.

Switzerland: Sleeping in a small tent or in a bivouac is generally allowed. The general rule is that locations above the tree line are considered harmless, although the relevant permit should be obtained near alpine huts and mountain huts. In ecologically sensitive locations (tree line, floodplains, wetlands) you should not stay overnight. Free camping is prohibited in protected areas. Corresponding maps show such areas. Some municipalities or regions prohibit wild camping.

In the water

In all of the countries mentioned, there is basically free access to sea coasts, lakes and rivers. Bathing, rowing, paddling, sailing and temporary mooring with boats is permitted everywhere except on private property and areas where official access is prohibited . Special prohibitions or requirements are indicated by official signs. Only in Scotland on the waters maintained by the Canal & River Trust ( British Waterways until 2012 ) ( Caledonian Canal including Loch Ness , Crinan Canal , Lowland Canals ) also non-motorized boats require a license, but this is available free of charge. In Switzerland, rubber boats must also be registered if they are over 2.5 meters long and are to be driven beyond the shore zone (boats longer than 2.5 meters are legally regarded as ships, regardless of their type). Different country-specific regulations apply to motorboats:

Finland: Driving motor boats is generally permitted on all waters.

Norway: Driving motor boats is generally permitted on salt water and on lakes with a surface area of ​​more than 2 km², on rivers and smaller lakes only if they are part of a public shipping route. However, local bans can be imposed.

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

Sweden: Driving motor boats is generally permitted on all waters, but personal watercraft may only be used in specially approved areas and on public shipping lanes.

Switzerland: Motorboats are subject to registration.

Gathering and picking

Girl picking flowers

Wild berries , mushrooms , flowers , fallen branches and dry twigs may be picked or collected for personal use. However, there are different restrictions depending on the country. Various rare plants are under nature protection and may not be picked. Taking away living trees and shrubs, breaking off twigs, branches, brushwood, tree bark, resin and sap from living trees may be prohibited.

Finland: In parts of Lapland , cloudberries are only allowed to be picked by locals.

Norway: Until 2012, this was not regulated in the Everyman's Law itself, but in the criminal law. Since then, § 5 of the Everyman's Right has dealt with this topic.

Sweden: Picking nuts and acorns is not allowed. This is regulated in the Swedish Criminal Code.

fishing

In Finland, only pole fishing (fishing with hook and line only, without reel) with natural bait is generally permitted within the framework of the public rights. However, there may be local restrictions and prohibitions in freshwater. A permit is required for all other forms of fishing. People under 18 and over 64 years of age do not need a permit.

In Norway, you can fish in salt water, i.e. in the open sea and in the fjords , without a permit. Fishing in fresh water and any other type of fishing is only permitted with a fishing license. Fishing licenses are only valid in certain regions and are available from tourist information offices, sports shops and kiosks. People who are not permanently resident in Norway are not allowed to sell fish they have caught themselves. On January 1, 2018, the export restriction for self-caught fish was reduced from 15 to 10 kg and the deadline was extended from 24 hours to seven days. The permission to export a “trophy fish” in excess of the permitted quantity has been canceled. For hobby anglers who can be shown to have caught their fish with a certified Norwegian fishing operator, the export quota has been increased to 20 kg.

In Scotland you can only fish in the sea without a permit. Freshwater fishing and any other form of fishing only with permission.

In Sweden, everyone's right does not include the right to fish. However, the Swedish state has redeemed the rights to ice fishing and fishing with a simple, spindle-less rod in the sea and in the five largest lakes in the country ( Vänern , Vättern , Mälaren , Hjälmaren and Storsjön ) from the owners, which is called "free fishing" is known. A permit ( fiskekort , “fishing permit”) is required for all other waters and any other form of fishing . For holders of a fishing license, further restrictions can be imposed for certain waters. The maximum number of fish that can be caught per person and day can be limited, or certain types of fish may not be caught. Since May 7, 2011, recreational fishermen have also been prohibited from selling sea fish they have caught themselves.

In Switzerland, fishing is not covered by Art. 699 ZGB; the federal law on fishing applies , cf. Fishing (fishing) #Switzerland .

Fire

In principle - with the exception of Finland - it is permissible to light a campfire in uncultivated land or in the forest, as long as you take the greatest possible care. If there is a risk of vegetation catching fire, do not make a fire. Fires must not be made on rocks either, as they could burst. Particular caution is also required on moss, peat and similar surfaces, as a fire can possibly continue to smolder here unnoticed. Ideally, you use a fireplace set up for this purpose. You should also always make sure that there is enough water or loose soil available for extinguishing in an emergency. Before leaving a fireplace, it is imperative to ensure that the fire is completely extinguished.

If there is a fire hazard due to drought, the local authorities can prohibit starting a fire. Such a ban can then also apply to specially equipped fireplaces. In national parks and nature reserves, making fires may be restricted or even prohibited entirely. In individual cases, depending on the country, you can inquire about whether or not lighting a fire is permitted at a certain point on the relevant official websites, the respective municipal administration, the police station or the tourist information office .

Dead wood, brushwood, etc. lying on the ground may be used as fuel. No branches, twigs or bark may be sawed off or broken off living trees. In Switzerland, natural wood may be used.

Finland: Lighting an open fire is only allowed in emergencies without permission from the landowner. Camping stoves and similar devices with which the fire cannot come into contact with the ground, as well as specially equipped fire pits, may, however, be used.

Norway: In the period from April 15 to September 15, it is generally prohibited to light open fires near forests.

Switzerland: In protected areas or according to local instructions, starting a fire can be prohibited. In addition, the current situation with regard to the risk of forest fires must be clarified in advance and the relevant regulations must be followed.

waste

No litter may be left behind. Burying rubbish, with the exception of excrement, is also not permitted, as animals can dig it up again and injure themselves. For the same reason, rubbish bags are not allowed to be placed next to already filled rubbish bins.

See also

• Freedom of movement in Austria

Web links

Wiktionary: Jedermannsrecht  - explanations of meanings, word origins, synonyms, translations

• Everyman's right. (PDF) Finland's environmental administration, May 31, 2016, accessed on October 5, 2016 (English, brochure of the Finnish nature conservation authority on the right of everyone). 
• The right of everyone. Naturvårdsverket, accessed on October 5, 2016 (website of the Swedish nature conservation authority Naturvårdsverket on the right of everyone). 
• Everyone's right. Royal Norwegian Embassy, accessed on October 5, 2016 (Official website of the Norwegian Embassy in Germany on the subject of Everyman's Rights). 
• Lov om friluftslivet. In: www.lovdata.no. Retrieved October 5, 2016 (Norwegian, original text of the "Law on Outdoor Living"). 
• Camping and bivouacking. Swiss Alpine Club, accessed on May 7, 2019 . 
• The right of everyone in Sweden. Love of Sweden, accessed April 12, 2018 . 

Individual evidence

1. ↑ The right of everyone - what is allowed? Camping tents. (No longer available online.) Naturvårdsverket, January 22, 2013, archived from the original on July 10, 2015 ; accessed on November 19, 2019 . 
2. ^ Land Reform (Scotland) Act 2003. In: legislation.gov.uk. The National Archives, accessed July 9, 2015 . 
3. ↑ Chapter 2 § 15 last sentence: Alla ska ha tillgång till naturen enligt allemansrätten oberoende av vad som föreskrivits ovan. (For example: Irrespective of the above, everyone must be guaranteed access to nature in accordance with common law .)
4. ↑ Kungörelse (1974: 152) om beslutad ny regeringsform. 2. Chapter § 15. In: Svensk författningssamling. Sveriges Riksdag, February 28, 1974, accessed on July 9, 2015 (Swedish): "Alla ska ha tillgång till naturen enligt allemansrätten oberoende av vad som föreskrivits ovan." 
5. ↑ Art. 14 Accessibility. In: Federal Law on Forests (WaG). The Federal Council, July 1, 2013, accessed on July 9, 2015 . 
6. ^ Raimund Rodewald: 100 years of everyone's right of access - the central right of use for the landscape. (PDF) (No longer available online.) Foundation for Landscape Protection Switzerland, December 7, 2007, archived from the original on September 24, 2015 ; accessed on November 19, 2019 . 
7. ↑ Nature camps all over Denmark. Free camping in 40 Danish forests. (No longer available online.) VisitDenmark, May 16, 2012, archived from the original on October 14, 2013 ; accessed on November 19, 2019 . 
8. ↑ Camping. Baltic Tourism Office, archived from the original on July 13, 2011 ; Retrieved June 11, 2009 . 
9. ↑ § 22 Paragraph 1 Brandenburg Nature Conservation Implementation Act - BbgNatSchAG9; accessed on August 19, 2020.
10. ↑ Free Camping in New Zealand. In: New Zealand tourism guide. Retrieved July 9, 2015 . 
11. ^ Freedom Camping Act 2011. In: New Zealand Legislation. New Zealand Parliamentary Counsel Office, accessed December 5, 2016 . 
12. ↑ Freedom Camping Act 2011. Section 12. In: New Zealand Legislation. New Zealand Parliamentary Counsel Office, accessed on December 5, 2016 (English): "A local authority may not make bylaws under section 11 that have the effect of prohibiting freedom camping in all the local authority areas in its district." 
13. ↑ Outdoor Recreation Act (Norway, English) § 4 Paragraph 2
14. ↑ Outdoor Recreation Act (Norway, English) § 3 Paragraph 1
15. ↑ Outdoor Recreation Act (Norway, English) Section 9 Paragraph 2 Sentence 3
16. ↑ Camping and bivouacking in the Swiss mountains with consideration for nature and the environment. (PDF) (No longer available online.) Swiss Alpine Club SAC, archived from the original on March 21, 2015 ; accessed on November 19, 2019 . 
17. ↑ Bivouac Prohibited List. In: Alternatives-Wandern.ch. Retrieved August 6, 2018 . 
18. ↑ boat licenses and registrations , section Scottish Navigation License
19. ↑ Motor traffic on uncultivated land and in watercourses (Norway, English) , § 4 Paragraph 3
20. ↑ Endringsbehov as follows from the endringer in the open air (norw.)
21. ↑ Lov om friluftslivet (friluftsloven) § 5
22. ↑ Brottsbalk. Article 12, § 2. In: Svensk författningssamling. Sveriges Riksdag, accessed June 24, 2015 (Swedish). 
23. ↑ Angling, jigging and ice-fishing ( Memento of August 11, 2009 in the Internet Archive ) (English)
24. ↑ Utførsel av fisk: kvote and krav til documentation. Fiskeridirektoratet, accessed January 3, 2018 (Norwegian). 
25. ↑ Lagstiftning som rör fritidsfisket. Havs- och vattenmyndigheten, December 9, 2014, accessed on September 9, 2015 (Swedish, see last paragraph). 
26. ^ Everyman's right. (PDF) Finland's environmental administration, May 31, 2016, p. 9 , accessed on October 5, 2016 (English): "Campfires or other open fires may not be lit without permission from the landowner." 

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