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Right of way

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No right of way sign in Dorset, England
No right of way sign in Dorset, England

Right of way is the legal right, established by grant from a landowner or long usage (i.e., by prescription), to pass along a specific route through property belonging to another.[1] A similar right of access also exists on land held by a government, lands that are typically called public land, state land, or Crown land. When one person owns a piece of land that is bordered on all sides by lands owned by others, an easement may exist or might be created so as to initiate a right of way through the bordering land.

This article focuses on access by foot, by bicycle, horseback, or along a waterway, while Right-of-way (transportation) focuses on land usage rights for highways, railways, and pipelines.

A footpath is a right of way that legally may only be used by pedestrians. A bridleway is a right of way that legally may be used only by pedestrians, cyclists and equestrians, but not by motorised vehicles. In some countries, especially in Northern Europe, where the freedom to roam has historically taken the form of general public rights, a right of way may not be restricted to specific paths or trails.

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Public land

Public land

In all modern states, a portion of land is held by central or local governments. This is called public land, state land, or Crown land. The system of tenure of public land, and the terminology used, varies between countries. The following examples illustrate some of the range.

Crown land

Crown land

Crown land, also known as royal domain, is a territorial area belonging to the monarch, who personifies the Crown. It is the equivalent of an entailed estate and passes with the monarchy, being inseparable from it. Today, in Commonwealth realms such as Canada and Australia, crown land is considered public land and is apart from the monarch's private estate.

Right-of-way (transportation)

Right-of-way (transportation)

A right-of-way is a right to make a way over a piece of land, usually to and from another piece of land. A right of way is a type of easement granted or reserved over the land for transportation purposes, such as a highway, public footpath, rail transport, canal, as well as electrical transmission lines, oil and gas pipelines. In the case of an easement, it may revert to its original owners if the facility is abandoned. This American English term is also used to denote the land itself.

Footpath

Footpath

A footpath is a type of thoroughfare that is intended for use only by pedestrians and not other forms of traffic such as motorized vehicles, bicycles and horses. They can be found in a wide variety of places, from the centre of cities, to farmland, to mountain ridges. Urban footpaths are usually paved, may have steps, and can be called alleys, lanes, steps, etc.

Equestrianism

Equestrianism

Equestrianism, commonly known as horse riding or horseback riding, includes the disciplines of riding, driving, and vaulting. This broad description includes the use of horses for practical working purposes, transportation, recreational activities, artistic or cultural exercises, and competitive sport.

Northern Europe

Northern Europe

The northern region of Europe has several definitions. A restrictive definition may describe Northern Europe as being roughly north of the southern coast of the Baltic Sea, which is about 54°N, or may be based on other geographical factors such as climate and ecology.

Freedom to roam

Freedom to roam

The freedom to roam, 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".

Alternative definitions

A further definition of right of way, chiefly in American transport, is as a type of easement granted or reserved over the land for as to transportation purposes, this can be for a highway, public footpath, railway, canal, as well as electrical transmission lines, oil and gas pipelines.[2]

The term may also describe priority of traffic flow, "the legal right of a pedestrian, vehicle, or ship to proceed with precedence over others in a particular situation or place".[3] In hiking etiquette, where when two groups of hikers meet on a steep trail, a custom has developed in some areas whereby the group moving uphill has the right of way.[4]

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Worldwide

New Zealand

There is extensive public access in New Zealand, including waterways and the coast, but it is "often fragmented and difficult to locate".[5]

Republic of Ireland

In the Republic of Ireland, pedestrian rights of way to churches, known as mass paths, have existed for centuries. In other cases, the modern law is unclear; on the one hand, Victorian era laws on easements protect a property owner's rights, amplified by the 1937 constitution, which stipulate that a right of way has to be specifically dedicated to public use.[6] Opposing these, those claiming general rights of way hark back to an anti-landed gentry position that lasted from the Land War of the 1880s to the end of British rule in 1922. Rights of way can be asserted by adverse possession, but proving continuous use can be difficult. A case heard in 2010 concerning claims over the Lissadell House estate was based on the historical laws, since amended by the Land and Conveyancing Law Reform Act, 2009.[7]

The 2009 Act abolished the doctrine of lost modern grant, and allows a user to claim a right of way after 12 years of use across private land owned by another, 30 years on state land and 60 years on the foreshore.[8] The claimant must apply to the courts, and have their claim confirmed by a court order, and then have it duly registered on the title deeds, a lengthy process. The user must prove "enjoyment without force, without secrecy and without the oral or written consent of the […] owner", a restatement of the centuries-old principle of Nec vi, nec clam, nec precario. A court order granting a right of way is personal to the applicant for their lifetime, and cannot be inherited or assigned.

United Kingdom

England and Wales

Hertfordshire public access
Hertfordshire public access

In England and Wales, other than in the 12 Inner London Boroughs and the City of London, public rights of way are paths on which the public have a legally protected right to pass and re-pass. The law in England and Wales differs from that in Scotland in that rights of way only exist where they are so designated (or are able to be designated if not already) whereas in Scotland any route that meets certain conditions is defined as a right of way, and in addition there is a general presumption of access to the countryside. Private rights of way or easements also exist.

Footpaths, bridleways and other rights of way in most of England and Wales are shown on definitive maps. A definitive map is a record of public rights of way in England and Wales. In law it is the definitive record of where a right of way is located. The highway authority (normally the county council, or unitary authority in areas with a one-tier system) has a statutory duty to maintain a definitive map, though in national parks the national park authority usually maintains the map.

London

Definitive maps of public rights of way have been compiled for all of England and Wales as a result of the Countryside and Rights of Way Act 2000, except the twelve Inner London boroughs[9] which, along with the City of London, were not covered by the Act.

To protect the existing rights of way in London, the Ramblers launched their "Putting London on the Map" in 2010 with the aim of getting "the same legal protection for paths in the capital as already exists for footpaths elsewhere in England and Wales. Currently, legislation allows the Inner London boroughs to choose to produce definitive maps if they wish, but none do so.[10]

The launch event of "Putting London on the Map" took place at the British Library, and since then "the Inner London Area of the Ramblers has been working with Ramblers Central Office staff to try to persuade each of the Inner London boroughs on the desirability of producing definitive maps of rights of way".[10]

In 2011 Lambeth Council passed a resolution to work towards creating a definitive map for their borough, but this does not yet exist.[11] The City of London has produced a Public Access Map.[12] Definitive maps exist for the Outer London boroughs.

Permissive paths

Some landowners allow access over their land without dedicating a right of way. These are often physically indistinguishable from public rights of way, but they are may be subject to restrictions. Such paths are often closed at least once a year, so that a permanent right of way cannot be established in law.[13]

Scotland

In Scotland, a right of way is a route over which the public has been able to pass unhindered for at least 20 years.[14][15] The route must link two "public places", such as villages, churches or roads. Unlike in England and Wales there is no obligation on Scottish local authorities to signpost rights of way. However the charity Scotways, formed in 1845 to protect rights of way, records and signs the routes.[16]

Scotways sign for a "Public Path"
Scotways sign for a "Public Path"

The Land Reform (Scotland) Act 2003 codified in law traditional, non-motorised, access practices on land and water. Under the 2003 Act a plain language explanation of rights is published by Scottish Natural Heritage: the Scottish Outdoor Access Code. Certain categories of land are excluded from this presumption of open access, such as railway land, airfields and private gardens.[17]

Section 4 of the Access Code explains how land managers are permitted to request the public to avoid certain areas for a limited period in order to undertake management tasks, however longer term restrictions must be approved by the local authority.[18] The ability to temporarily restrict public access is commonly exercised without notice by shooting, forestry or wind farm operators, but does not extend to public Rights of Way.[19][20] In Scotland the public have a higher degree of freedom on Rights of Way than on open land. Blocking a Right of Way in Scotland is a criminal obstruction under the Highways Act, just as in England and Wales, but the lack of publicly accessible Rights of Way maps in Scotland makes it very difficult to enforce.[21]

While in England and Wales, highway authorities have a duty to maintain legally recognised maps of rights of way, in Scotland different legislation applies and there is no legally recognised record of rights of way. However, there is a National Catalogue of Rights of Way (CROW), compiled by the Scottish Rights of Way and Access Society (Scotways), in partnership with Scottish Natural Heritage, and the help of local authorities. There are three categories of rights of way in CROW:

  • vindicated – routes declared to be rights of way by some legal process;
  • asserted – routes which have been accepted as rights of way by the landowner, or where local authorities are prepared to take legal action to protect them;
  • claimed – other right of way routes, which have not been vindicated or asserted, but which appear to meet the common law conditions and have not yet been legally disputed.[14]

Northern Ireland

Northern Ireland has very few public rights of way and access to land in Northern Ireland is more restricted than other parts of the UK, so that in many areas walkers can only enjoy the countryside because of the goodwill and tolerance of landowners. Permission has been obtained from all landowners across whose land the Waymarked Ways and Ulster Way traverse. Much of Northern Ireland's public land is accessible, e.g. Water Service and Forest Service land, as is land owned and managed by organisations such as the National Trust and the Woodland Trust.[22]

Northern Ireland shares the same legal system as England, including concepts about the ownership of land and public rights of way, but it has its own court structure, system of precedents and specific access legislation.[23]

United States

In the United States, a right-of-way is normally created as a form of easement. The easement may be an easement appurtenant, that benefits a neighboring property, or an easement in gross, that benefits another individual or entity as opposed to another parcel of land. See also "Alternative definitions" above, with regard to types of easement granted or reserved over land for transportation purposes,

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Keep Ireland Open

Keep Ireland Open

Keep Ireland Open is a voluntary campaign organisation established to promote access to the Irish countryside and walkways. Founded in 1994, its chairman is former Green Party TD, Roger Garland. The group believes Irish legislation protecting rights-of-way and access to recreational use of land is inadequate and minimal. It consists of combination of individual members and various outdoors and environmental groups; including the Irish Ramblers, An Óige, all of the Scout and Guide Associations, the United Farmers Association, Irish Wildlife Trust, Association of Irish Riding Clubs, Federation of Local History Society and a number of walking groups. It claims that the Republic of Ireland has one of the poorest records of protecting walking routes in Europe and that it is heavily influenced by farmers' lobby groups that resist further legislation. The organisation states freedom to roam over rough grazing land, a network of well-maintained rights-of-way in lowland areas and minimisation of barbed-wire fencing in mountain areas and beaches, as its aspirations. Keep Ireland Open has also been involved in several individual access disputes around the country, including in counties Wicklow, Cork, Sligo, Donegal, Mayo. These include groups such as the Uggool Beach and Free the Old Head of Kinsale campaigns which campaign for restoration of public access where it was previously enjoyed.

Republic of Ireland

Republic of Ireland

Ireland, also known as the Republic of Ireland, is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. Around 2.1 million of the country's population of 5.13 million people reside in the Greater Dublin Area. The sovereign state shares its only land border with Northern Ireland, which is part of the United Kingdom. It is otherwise surrounded by the Atlantic Ocean, with the Celtic Sea to the south, St George's Channel to the south-east, and the Irish Sea to the east. It is a unitary, parliamentary republic. The legislature, the Oireachtas, consists of a lower house, Dáil Éireann; an upper house, Seanad Éireann; and an elected President who serves as the largely ceremonial head of state, but with some important powers and duties. The head of government is the Taoiseach, who is elected by the Dáil and appointed by the President; the Taoiseach in turn appoints other government ministers.

Mass path

Mass path

A mass path is a pedestrian track or road connecting destinations frequently used by rural communities, traditionally leading to a church celebrating Sunday Mass. They were most common during the centuries that preceded motorised transportation in Western Europe, and in particular the British Isles, and the Netherlands (where such a path is called kerkenpad.

Easement

Easement

An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions.

Constitution of Ireland

Constitution of Ireland

The Constitution of Ireland is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the tradition of liberal democracy. It guarantees certain fundamental rights, along with a popularly elected non-executive president, a bicameral parliament, a separation of powers and judicial review.

Landed gentry

Landed gentry

The landed gentry, or the gentry, is a largely historical British social class of landowners who could live entirely from rental income, or at least had a country estate. While distinct from, and socially below, the British peerage, their economic base in land was often similar, and some of the landed gentry were wealthier than some peers. Many gentry were close relatives of peers, and it was not uncommon for gentry to marry into peerage. It is the British element of the wider European class of gentry. With or without noble title, owning rural land estates often brought with it the legal rights of lord of the manor, and the less formal name or title of squire, in Scotland laird.

Land War

Land War

The Land War was a period of agrarian agitation in rural Ireland that began in 1879. It may refer specifically to the first and most intense period of agitation between 1879 and 1882, or include later outbreaks of agitation that periodically reignited until 1923, especially the 1886–1891 Plan of Campaign and the 1906–1909 Ranch War. The agitation was led by the Irish National Land League and its successors, the Irish National League and the United Irish League, and aimed to secure fair rent, free sale, and fixity of tenure for tenant farmers and ultimately peasant proprietorship of the land they worked.

Lissadell House

Lissadell House

Lissadell House is a neo-classical Greek revivalist style country house in County Sligo, Ireland.

Nec vi, nec clam, nec precario

Nec vi, nec clam, nec precario

Nec vi, nec clam, nec precario, is a Latin legal term meaning 'without force, without secrecy, without permission' or, in an alternative formulation offered, for instance, by Lord Hoffmann, 'not by force, nor stealth, nor the licence of the owner'. It is the principle by which rights may be built up over time, principally public rights of way in the United Kingdom. Specifically, if a path is used – openly, not against protests, but without permission of the landowner – for an extended period then a permanent legal right to such use is usually established.

England and Wales

England and Wales

England and Wales is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law.

Inner London

Inner London

Inner London is the name for the group of London boroughs which form the interior part of Greater London and are surrounded by Outer London. With its origins in the bills of mortality, it became fixed as an area for statistics in 1847 and was used as an area of local government from 1855 to 1965 principally as the County of London or earlier as the Metropolitan Board of Works Area (metropolis). It now has two common definitions. The first is the statutory definition delineated in the London Government Act 1963, coming into force on 1 April 1965, comprising twelve Inner London boroughs and almost identical to the County of London that was abolished at the same time. The second is the definition used by the Office for National Statistics comprising eleven of the statutory Inner London boroughs and two of the statutory Outer London boroughs, and the City of London.

City of London

City of London

The City of London is a city, ceremonial county and local government district that contains the historic centre and constitutes, alongside Canary Wharf, the primary central business district (CBD) of London. It constituted most of London from its settlement by the Romans in the 1st century AD to the Middle Ages, but the modern area named London has since grown far beyond the City of London boundary. The City is now only a small part of the metropolis of Greater London, though it remains a notable part of central London. Administratively, the City of London is not one of the London boroughs, a status reserved for the other 32 districts. It is also a separate ceremonial county, being an enclave surrounded by Greater London, and is the smallest ceremonial county in the United Kingdom.

Right to roam

Sign on the Bodmin Moor, Cornwall, England citing the Countryside and Rights of Way Act, and noting that the land is open access
Sign on the Bodmin Moor, Cornwall, England citing the Countryside and Rights of Way Act, and noting that the land is open access

The freedom to roam, or everyman's right is the general public's right to access certain public or privately owned land for recreation and exercise. Access is permitted across any open land, in addition to existing paths and tracks.

In England and Wales public access rights apply 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 (See Countryside and Rights of Way Act 2000). 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 as well as the Baltic countries of Estonia, Latvia and Lithuania the freedom to roam may take the form of general public rights which are sometimes codified in law, such as for example the Norway Outdoor Recreation Act. 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. This right also usually includes access to lakes and rivers, and therefore activities like swimming, canoeing, rowing and sailing.[24] The Land Reform (Scotland) Act 2003 gives everyone statutory access rights to most inland water in Scotland (excluding motorized vehicles), providing that they respect the rights of others.[21]

The Rivers Access Campaign is being undertaken by the British Canoe Union (BCU) to open up the inland water-ways in England and Wales on behalf of members of the public. Under current UK law, public access to rivers is restricted, and only 2% of all rivers in England and Wales have public access rights. The BCU is using the campaign not just to raise awareness of the access issues, but to try to bring about changes in the law.

Many tropical countries such as Madagascar have historic policies of open access to forest or wilderness areas.

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Bodmin Moor

Bodmin Moor

Bodmin Moor is a granite moorland in north-eastern Cornwall, England. It is 208 square kilometres (80 sq mi) in size, and dates from the Carboniferous period of geological history. It includes Brown Willy, the highest point in Cornwall, and Rough Tor, a slightly lower peak. Many of Cornwall's rivers have their sources here. It has been inhabited since at least the Neolithic era, when primitive farmers started clearing trees and farming the land. They left their megalithic monuments, hut circles and cairns, and the Bronze Age culture that followed left further cairns, and more stone circles and stone rows. By medieval and modern times, nearly all the forest was gone and livestock rearing predominated.

Cornwall

Cornwall

Cornwall is a historic county and ceremonial county in South West England. It is recognised as one of the Celtic nations, and is the homeland of the Cornish people. Cornwall is bordered to the north and west by the Atlantic Ocean, to the south by the English Channel, and to the east by the county of Devon, with the River Tamar forming the border between them. Cornwall forms the westernmost part of the South West Peninsula of the island of Great Britain. The southwesternmost point is Land's End and the southernmost Lizard Point. Cornwall has a population of 568,210 and an area of 3,563 km2 (1,376 sq mi). The county has been administered since 2009 by the unitary authority, Cornwall Council. The ceremonial county of Cornwall also includes the Isles of Scilly, which are administered separately. The administrative centre of Cornwall is Truro, its only city.

England

England

England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea area of the Atlantic Ocean to the southwest. It is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight.

Moorland

Moorland

Moorland or moor is a type of habitat found in upland areas in temperate grasslands, savannas, and shrublands and montane grasslands and shrublands biomes, characterised by low-growing vegetation on acidic soils. Moorland, nowadays, generally means uncultivated hill land, but also includes low-lying wetlands. It is closely related to heath, although experts disagree on what precisely distinguishes these types of vegetation. Generally, moor refers to highland and high rainfall zones, whereas heath refers to lowland zones which are more likely to be the result of human activity. Moorland habitats mostly occur in tropical Africa, northern and western Europe, and neotropical South America. Most of the world's moorlands are diverse ecosystems. In the extensive moorlands of the tropics, biodiversity can be extremely high. Moorland also bears a relationship to tundra, appearing as the tundra and the natural tree zone. The boundary between tundra and moorland constantly shifts with climatic change.

Countryside and Rights of Way Act 2000

Countryside and Rights of Way Act 2000

The Countryside and Rights of Way Act 2000, known informally as the CRoW Act or "Right to Roam" Act is a United Kingdom Act of Parliament affecting England and Wales which came into force on 30 November 2000.

Forestry Commission

Forestry Commission

The Forestry Commission is a non-ministerial government department responsible for the management of publicly owned forests and the regulation of both public and private forestry in England.

Nordic countries

Nordic countries

The Nordic countries are a geographical and cultural region in Northern Europe and the North Atlantic. It includes the sovereign states of Denmark, Finland, Iceland, Norway and Sweden; the autonomous territories of the Faroe Islands and Greenland; and the autonomous region of Åland.

Finland

Finland

Finland, officially the Republic of Finland, is a Nordic country in Northern Europe. It shares land borders with Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of Bothnia to the west and the Gulf of Finland to the south, across from Estonia. Finland covers an area of 338,455 square kilometres (130,678 sq mi) with a population of 5.6 million. Helsinki is the capital and largest city. The vast majority of the population are ethnic Finns. Finnish and Swedish are the official languages, Swedish is the native language of 5.2% of the population. Finland's climate varies from humid continental in the south to the boreal in the north. The land cover is primarily a boreal forest biome, with more than 180,000 recorded lakes.

Iceland

Iceland

Iceland is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which is home to about 36% of the population. Iceland is the largest part of the Mid-Atlantic Ridge that rises above sea level, and its central volcanic plateau is erupting almost constantly. The interior consists of a plateau characterised by sand and lava fields, mountains, and glaciers, and many glacial rivers flow to the sea through the lowlands. Iceland is warmed by the Gulf Stream and has a temperate climate, despite a high latitude just outside the Arctic Circle. Its high latitude and marine influence keep summers chilly, and most of its islands have a polar climate.

Estonia

Estonia

Estonia, formally the Republic of Estonia, is a country by the Baltic Sea in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the sea across from Sweden, to the south by Latvia, and to the east by Lake Peipus and Russia. The territory of Estonia consists of the mainland, the larger islands of Saaremaa and Hiiumaa, and over 2,200 other islands and islets on the eastern coast of the Baltic Sea, covering a total area of 45,339 square kilometres (17,505 sq mi). The capital city Tallinn and Tartu are the two largest urban areas of the country. The Estonian language is the autochthonous and the official language of Estonia; it is the first language of the majority of its population, as well as the world's second most spoken Finnic language.

Latvia

Latvia

Latvia, officially the Republic of Latvia, is a country in the Baltic region of Northern Europe. It is one of the Baltic states; and is bordered by Estonia to the north, Lithuania to the south, Russia to the east, Belarus to the southeast, and shares a maritime border with Sweden to the west. Latvia covers an area of 64,589 km2 (24,938 sq mi), with a population of 1.9 million. The country has a temperate seasonal climate. Its capital and largest city is Riga. Latvians belong to the ethno-linguistic group of the Balts and speak Latvian, one of the only two surviving Baltic languages. Russians are the most prominent minority in the country, at almost a quarter of the population.

Lithuania

Lithuania

Lithuania, officially the Republic of Lithuania, is a country in the Baltic region of Europe. It is one of three Baltic states and lies on the eastern shore of the Baltic Sea. Lithuania shares land borders with Latvia to the north, Belarus to the east and south, Poland to the south, and Russia to the southwest. It has a maritime border with Sweden to the west on the Baltic Sea. Lithuania covers an area of 65,300 km2 (25,200 sq mi), with a population of 2.8 million. Its capital and largest city is Vilnius; other major cities are Kaunas and Klaipėda. Lithuanians belong to the ethno-linguistic group of the Balts and speak Lithuanian, one of only a few living Baltic languages.

Public land

Some land long considered public or crown land may in fact be 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 (e.g., to protect public safety or resources, including the protection of wild plants and animals).[25] 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 aboriginal 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.[26]

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 (e.g. APY lands), 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.[27]

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.

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Indigenous land rights

Indigenous land rights

Indigenous land rights are the rights of Indigenous peoples to land and natural resources therein, either individually or collectively, mostly in colonised countries. Land and resource-related rights are of fundamental importance to Indigenous peoples for a range of reasons, including: the religious significance of the land, self-determination, identity, and economic factors. Land is a major economic asset, and in some Indigenous societies, using natural resources of land and sea form the basis of their household economy, so the demand for ownership derives from the need to ensure their access to these resources. Land can also be an important instrument of inheritance or a symbol of social status. In many Indigenous societies, such as among the many Aboriginal Australian peoples, the land is an essential part of their spirituality and belief systems.

Canada

Canada

Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's second-largest country by total area, with the world's longest coastline. Its southern and western border with the United States is the world's longest binational land border. Canada's capital is Ottawa and its three largest metropolitan areas are Toronto, Montreal, and Vancouver.

Crown land

Crown land

Crown land, also known as royal domain, is a territorial area belonging to the monarch, who personifies the Crown. It is the equivalent of an entailed estate and passes with the monarchy, being inseparable from it. Today, in Commonwealth realms such as Canada and Australia, crown land is considered public land and is apart from the monarch's private estate.

Provincial park

Provincial park

A provincial park is a park administered by one of the provinces of a country, as opposed to a national park. They are similar to state parks in other countries. They are typically open to the public for recreation. Their environment may be more or less strictly protected.

Nature reserve

Nature reserve

A nature reserve is a protected area of importance for flora, fauna, or features of geological or other special interest, which is reserved and managed for purposes of conservation and to provide special opportunities for study or research. They may be designated by government institutions in some countries, or by private landowners, such as charities and research institutions. Nature reserves fall into different IUCN categories depending on the level of protection afforded by local laws. Normally it is more strictly protected than a nature park. Various jurisdictions may use other terminology, such as ecological protection area or private protected area in legislation and in official titles of the reserves.

Bureau of Land Management

Bureau of Land Management

The Bureau of Land Management (BLM) is an agency within the United States Department of the Interior responsible for administering federal lands. Headquartered in Washington DC, and with oversight over 247.3 million acres (1,001,000 km2), it governs one eighth of the country's landmass.

State park

State park

State parks are parks or other protected areas managed at the sub-national level within those nations which use "state" as a political subdivision. State parks are typically established by a state to preserve a location on account of its natural beauty, historic interest, or recreational potential. There are state parks under the administration of the government of each U.S. state, some of the Mexican states, and in Brazil. The term is also used in the Australian states of Victoria and New South Wales. The equivalent term used in Canada, Argentina, South Africa, and Belgium, is provincial park. Similar systems of local government maintained parks exist in other countries, but the terminology varies.

Water

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.[28] 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 (maximum wave run-up on the coast) in their maximum capacity (maximum referring to the “usually maximum winter waves” and of course not to exceptional cases, such as tsunamis etc.). 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.[5] However, the Marine and Coastal Area (Takutai Moana) Act 2011 guarantees free public access.[29]

Rivers

The Rivers Access Campaign is being undertaken by the British Canoe Union (BCU) to open up the inland water-ways in England and Wales on behalf of members of the public. Under current England and Wales law, public access to rivers is restricted, and only 2% of all rivers in England and Wales have public access rights.

Discover more about Water related topics

Public trust doctrine

Public trust doctrine

The public trust doctrine is the principle that the sovereign holds in trust for public use some resources such as shoreline between the high and low tide lines, regardless of private property ownership.

United States

United States

The United States of America, commonly known as the United States or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City.

Massachusetts

Massachusetts

Massachusetts, officially the Commonwealth of Massachusetts, is the most populous state in the New England region of the Northeastern United States, exceeding 7 million residents at the 2020 United States census, its highest decennial count ever. The state borders the Atlantic Ocean and Gulf of Maine to its east, Connecticut and Rhode Island to its south, New Hampshire and Vermont to its north, and New York to its west. Massachusetts is the 6th smallest state by land area but is the 15th most populous state and the 3rd most densely populated, after New Jersey and Rhode Island. The state's capital and most populous city, as well as its cultural and financial center, is Boston. Massachusetts is also home to the urban core of Greater Boston, the largest metropolitan area in New England and a region profoundly influential upon American history, academia, and the research economy. Originally dependent on agriculture, fishing, and trade, Massachusetts was transformed into a manufacturing center during the Industrial Revolution. During the 20th century, Massachusetts's economy shifted from manufacturing to services. Modern Massachusetts is a global leader in biotechnology, engineering, higher education, finance, and maritime trade.

California

California

California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2 million residents across a total area of approximately 163,696 square miles (423,970 km2), it is the most populous U.S. state and the third-largest by area. It is also the most populated subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles and San Francisco Bay areas are the nation's second and fifth most populous urban regions respectively, with the former having more than 18.7 million residents and the latter having over 9.6 million. Sacramento is the state's capital, while Los Angeles is the most populous city in the state and the second most populous city in the country. San Francisco is the second most densely populated major city in the country. Los Angeles County is the country's most populous, while San Bernardino County is the largest county by area in the country. California borders Oregon to the north, Nevada and Arizona to the east, the Mexican state of Baja California to the south; and it has a coastline along the Pacific Ocean to the west.

The Crown

The Crown

The crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions. The term can be used to refer to the office of the monarch or the monarchy as institutions, as opposed to the monarch as a private individual; to the rule of law; or to the functions of executive, legislative, and judicial governance and the civil service.

Orkney

Orkney

Orkney, also known as the Orkney Islands, is an archipelago in the Northern Isles of Scotland, situated off the north coast of the island of Great Britain. Orkney is 10 miles (16 km) north of the coast of Caithness and has about 70 islands, of which 20 are inhabited. The largest island, the Mainland, has an area of 523 square kilometres (202 sq mi), making it the sixth-largest Scottish island and the tenth-largest island in the British Isles. Orkney’s largest settlement, and also its administrative centre, is Kirkwall.

Shetland

Shetland

Shetland, also called the Shetland Islands and formerly Zetland, is a subarctic archipelago in Scotland lying between Orkney, the Faroe Islands, and Norway. It is the northernmost region of the United Kingdom.

High water mark

High water mark

A high water mark is a point that represents the maximum rise of a body of water over land. Such a mark is often the result of a flood, but high water marks may reflect an all-time high, an annual high or the high point for some other division of time. Knowledge of the high water mark for an area is useful in managing the development of that area, particularly in making preparations for flood surges. High water marks from floods have been measured for planning purposes since at least as far back as the civilizations of ancient Egypt. It is a common practice to create a physical marker indicating one or more of the highest water marks for an area, usually with a line at the level to which the water rose, and a notation of the date on which this high water mark was set. This may be a free-standing flood level sign or other marker, or it may be affixed to a building or other structure that was standing at the time of the flood that set the mark.

New Zealand foreshore and seabed controversy

New Zealand foreshore and seabed controversy

The New Zealand foreshore and seabed controversy is a debate in the politics of New Zealand. It concerns the ownership of the country's foreshore and seabed, with many Māori groups claiming that Māori have a rightful claim to title. These claims are based around historical possession and the Treaty of Waitangi. On 18 November 2004, the New Zealand Parliament passed a law which deems the title to be held by the Crown. This law, the Foreshore and Seabed Act 2004, was enacted on 24 November 2004. Some sections of the Act came into force on 17 January 2005. It was repealed and replaced by the Marine and Coastal Area Act 2011.

Marine and Coastal Area (Takutai Moana) Act 2011

Marine and Coastal Area (Takutai Moana) Act 2011

The Marine and Coastal Area Act 2011 is an Act of the New Zealand Parliament created to replace the Foreshore and Seabed Act 2004. It was brought in by the fifth National government and creates a sui generis property class for the marine and coastal area, in which it is vested in no one. This is in contrast to the Foreshore and Seabed Act 2004 in which the foreshore and seabed were vested in the Crown.

Source: "Right of way", Wikipedia, Wikimedia Foundation, (2023, February 12th), https://en.wikipedia.org/wiki/Right_of_way.

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See also
References
  1. ^ New Oxford American Dictionary.
  2. ^ Black, Henry Campbell (1910). A law dictionary containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern : and including the principal terms of international, constitutional, ecclesiastical, and commercial law, and medical jurisprudence, with a collection of legal maxims, numerous select titles from the Roman, modern civil, Scotch, French, Spanish, and Mexican law, and other foreign systems, and a table of abbreviations. unknown library. St. Paul, Minn. : West Publishing Co.
  3. ^ New Oxford American Dictionary
  4. ^ Devaughn, Melissa (April 1997). "Trail Etiquette". Backpacker Magazine. Active Interest Media, Inc. p. 40. ISSN 0277-867X. Retrieved 22 January 2011.
  5. ^ a b "Kia Ora, Welcome". Retrieved 13 November 2016.
  6. ^ The constitution guarantees the "life, person, good name and property rights of every citizen" (Article 40.3)
  7. ^ Lissadell owners' case, reported Jan 2010; and a group opposed to the current laws Archived 2010-06-03 at the Wayback Machine.
  8. ^ Book (eISB), electronic Irish Statute. "electronic Irish Statute Book (eISB)". www.irishstatutebook.ie. Retrieved 2023-01-02.
  9. ^ "Naturenet: Rights of Way Definitive Maps". Retrieved 13 November 2016.
  10. ^ a b "Inner London Ramblers". Archived from the original on 2013-04-17. Retrieved 2014-11-05.
  11. ^ "Search - Lambeth Council". Retrieved 13 November 2016.
  12. ^ "City of London Public Access Map" (PDF). Archived from the original (PDF) on August 14, 2014.
  13. ^ "Everything you need to know about Rights of Way". 24 August 2011. Retrieved 13 November 2016.
  14. ^ a b Rights of way in Scotland Archived 2015-07-26 at the Wayback Machine Scottish Natural Heritage
  15. ^ (PDF). 2017-06-30 https://web.archive.org/web/20170630170554/http://www.snh.org.uk/pdfs/access/sr-sprow.pdf. Archived from the original (PDF) on 2017-06-30. Retrieved 2023-01-02. {{cite web}}: Missing or empty |title= (help)
  16. ^ "ScotWays | Upholding Public Access in Scotland". Retrieved 2023-01-02.
  17. ^ "Scottish Outdoor Access Code" (PDF). Scottish Natural Heritage. 2005. pp. 11–13. Archived from the original (PDF) on 2018-07-18. Retrieved 2018-07-18.
  18. ^ "Scottish Outdoor Access Code" (PDF). Scottish Natural Heritage. 2005. pp. 60–62. Archived from the original (PDF) on 2018-07-18. Retrieved 2018-07-18.
  19. ^ "Scottish Outdoor Access Code" (PDF). Scottish Natural Heritage. 2005. p. 15. Archived from the original (PDF) on 2018-07-18. Retrieved 2018-07-18.
  20. ^ "Scottish Outdoor Access Code" (PDF). Scottish Natural Heritage. 2005. p. 36. Archived from the original (PDF) on 2018-07-18. Retrieved 2018-07-18.
  21. ^ a b "Scottish Outdoor Access Code". Retrieved 13 November 2016.
  22. ^ "Access - Useful Info - Walk NI". Retrieved 13 November 2016.
  23. ^ A Guide to Public Rights of Way and Access to the Countryside: [1].
  24. ^ Right to roam in Norway: [2].
  25. ^ www.ontario.ca https://www.ontario.ca/page/crown-land. Retrieved 2023-01-02. {{cite web}}: Missing or empty |title= (help)
  26. ^ "Declaration Order: Algonquin Land Claim | ontario.ca".
  27. ^ "Lands". Retrieved 13 November 2016.
  28. ^ "S.O.U.L." Retrieved 13 November 2016.
  29. ^ "New foreshore bill passed". Television New Zealand. 24 March 2011. Retrieved 30 July 2012.
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