Editing Freedom to roam (section)

===Europe===
====Nordic countries====
Ancient traces provide evidence of the freedom to roam in many European countries, suggesting such a freedom was once a common norm.  Today, the right to roam has survived in perhaps its purest form in Estonia, Finland, Iceland, Norway and Sweden. Here the right has been won through practice over hundreds of years<ref>{{Cite web|url=https://www.caplex.no/Web/Magazine.aspx?id=allemann|archive-url=https://web.archive.org/web/20060213175343/http://www.caplex.no/Web/Magazine.aspx?id=allemann|url-status=dead|title=Allemannsretten – en hevdvunnen rett|archive-date=February 13, 2006|access-date=Jun 7, 2020}}</ref> and it is not known when it changed from mere 'common practice' to become a commonly recognised right.

[[File:Femundsmarka, Norway - Telt.jpg|thumb|left|Camping in a forest in [[Femundsmarka National Park]], Norway]]
Today these rights underpin opportunities for outdoor recreation in several of the Nordic countries, providing the opportunity to hike across or camp on another's land (e.g. in Sweden for one or two nights), boating on someone else's waters, and picking [[wildflower]]s, [[mushroom]]s and berries. However, with these rights come responsibilities; that is, an obligation neither to harm, disturb, litter, nor to damage [[wildlife]] or crops.{{Citation needed|date=August 2023}}

Access rights are most often for travel on foot. Rights to fish, hunt or take any other product are usually constrained by other customs or laws. Building a fire is often prohibited (though in Sweden and Norway fires are allowed with proper safety precautions).  Making [[noise pollution|noise]] is discouraged. In some countries, putting up a [[tent]] in the [[forest]] for one night is allowed, but not the use of a [[Travel trailer|caravan]]. Access does not extend to built up or developed land (such as [[house]]s, [[garden]]s) and does not necessarily include commercial exploitation of the land. For example, workers picking berries may be legal only with the landowner's permission.{{Citation needed|date=August 2023}}

There are some significant differences in the rules of different countries. In [[Denmark]], there is a more restricted freedom to roam on privately held land. All dunes and beaches and all publicly owned forests are open to roaming. Uncultivated, unfenced areas are open to daytime roaming irrespective of ownership status. Privately owned forest have access by roads and tracks only.{{Citation needed|date=August 2023}}

=====Finland=====
{{more citations needed section|date=September 2018}}
[[File:Picking natural blackberries in Finland.jpg|thumb|In Finland, picking berries is an "everyone's right".]]
In Finland, "{{lang|fi|jokaisenoikeus}}" in [[Finnish language|Finnish]] (everyone's right) has replaced the older term ''"{{lang|fi|jokamiehenoikeus}}"'' (every man's right)<ref>{{Cite web |date=2023-06-27 |title=Everyman's Rights gets gender neutral overhaul, now Everyone's Rights |url=https://yle.fi/a/74-20038364 |access-date=2024-09-17 |website=News |language=en}}</ref> to refer to the freedom to roam and related rights. The term in [[Swedish language|Swedish]] is ''"{{lang|sv|allemansrätten}}"'' (lit. "everyone's right"), similar to other Nordic countries.

The right is not codified in any specific law. Instead, it arises from the principle of ''[[nulla poena sine lege]]'' - what is not illegal cannot be punished. Things that are not explicitly disallowed, are allowed by default.

Everyone may walk, ski, ride a horse or cycle freely in the countryside where this does not harm the natural environment or the landowner, except in gardens or in the immediate vicinity of people's homes (yards). Fields and plantations, which may easily be harmed, may usually not be crossed except in the winter. It is also possible to establish outdoor recreation routes on private land, based on an agreement on the rights of use or by official proceedings in accordance with the Outdoor Recreation Act, for example.<ref name="Ministry of the Environment">{{Cite book |last=Tuunanen |first=Pekka |url=https://julkaisut.valtioneuvosto.fi/handle/10138/159060 |title=Everyman's rights and the code of conduct on private land |last2=Tarasti |first2=Markus |date=December 2015 |publisher=Ministry of the Environmentnd |isbn=9789521144561 |access-date=2024-09-17}}</ref>

One may stay or set up camp temporarily in the countryside, a reasonable distance from homes, pick mineral samples, wild berries, mushrooms and flowers (as long as they are not protected species). One may [[Angling|fish with a rod and line]] (only still waters), row, sail or use a motorboat on waterways (with certain restrictions), and swim or bathe in both inland waters and the sea. One can walk, ski and ice fish on frozen lakes, rivers and the sea. Income from selling picked berries or mushrooms is tax-free. Picking [[cloudberry]] may be temporarily restricted to local residents in parts of [[Lapland (Finland)|Lapland]].<ref>{{Cite web |url=https://finlex.fi/fi/lainsaadanto/1955/332 |title=Laki luonnonvaraisten tuotteiden keräämisen rajoittamisesta eräissä tapauksissa |publisher=finlex.fi |access-date=2018-08-20}}</ref> In the autonomous province of [[Åland]] the right to camp's inclusion in the right to roam was disputed, but since 2013 this is no longer the case.<ref name="land">{{Cite web |url=http://www.regeringen.ax/.composer/upload/socialomiljo/allemansratt.pdf |title=Allemansrätten på Åland |publisher=The local government |url-status=dead |archive-url=https://web.archive.org/web/20110720025317/http://www.regeringen.ax/.composer/upload/socialomiljo/allemansratt.pdf |archive-date=2011-07-20 |access-date=2011-09-29}}</ref><ref name="land2">{{Cite web |url=http://old.regeringen.ax/.composer/upload//socialomiljo/Allemansratten_pa_Aland-2013-01-30.pdf |title=Allemansrätten på Åland |publisher=The local government |access-date=2018-08-31 |archive-date=2020-07-31 |archive-url=https://web.archive.org/web/20200731200106/http://old.regeringen.ax/.composer/upload//socialomiljo/Allemansratten_pa_Aland-2013-01-30.pdf |url-status=dead }}</ref><ref name="visitaland">{{Cite web |url=http://www.visitaland.com/articles/allemansratten/ |title=Allemansrätten på Åland |publisher=The tourist organization of Åland |access-date=2015-04-16}}</ref>

When traveling with a motorhome or camper, one can park and spend the night anywhere parking is allowed, including along public roads. Checking parking area signs is essential to ensure compliance with overnight stay regulations. Private and forest roads can serve as suitable parking spots, as long as there are no signage restrictions. Off-road driving requires landowner permission, but parking off-road near the road is allowed for convenience. Overnight stays are generally prohibited in shopping center parking lots, but service stations often provide suitable facilities. When visiting national parks, designated areas or parking lots may allow overnight stays, potentially requiring a permit. Nature reserves have specific rules regarding overnight stays.<ref>{{cite web | url=https://caravan-lehti.fi/pinnalla/sallittua-vai-ei-naissa-paikoissa-yovyt-luvan-kanssa/ | title=Sallittua vai ei? Näissä paikoissa yövyt luvan kanssa | date=9 November 2017 }}</ref>

One may not disturb others or damage property, disturb breeding birds (or their nests or young), or disturb reindeer or game animals. One may not cut down or damage living trees, or collect wood, moss or lichen on other people's property, nor may one light open fires without the landowner's permission (except in an emergency). It is acceptable, however, to use an alcohol burner, wood stove or similar device that has no hot parts touching the ground. One may not disturb the privacy of people's homes by camping too near to them or making too much noise, nor litter, drive motor vehicles off-road without the landowner's permission, or fish (excluding angling) or hunt without the relevant permits.<ref>{{Cite web |url=http://www.ymparisto.fi/download/noname/%7B2039A0E2-6CC0-4DB3-ABA2-21670806FDD6%7D/24256 |title=Everyman's right |publisher=www.ymparisto.fi |access-date=2014-10-19}}</ref> If horse riding causes more than a minor inconvenience or disturbance, an agreement for the long term use of the route must be made with the landowner. A horse may also be taken to swim in a water body without the consent of the owner of the water area (excluding public beaches).

=====Norway=====
{{more citations needed section|date=September 2018}}

Everyone in Norway enjoys the right of access to, and passage through, uncultivated land in the countryside. The right is an old [[Customary law|consuetudinary]] law called the ''allemannsrett'' (lit. the everyman's right), that was codified in 1957 with the implementation of the [[Outdoor Recreations Act|Outdoor Recreation Act]].<ref>{{Cite web |url=http://www.regjeringen.no/en/doc/Laws/Acts/Outdoor-Recreation-Act.html?id=172932 |title=Outdoor Recreation Act |date=28 June 1957 |publisher=regjeringen.no |access-date=2011-09-29}}</ref> It is based on respect for the countryside, and all visitors are expected to show consideration for farmers and landowners, other users and the environment. In Norway the terms ''utmark'' and ''innmark'' divide areas where the right to roam is valid (''utmark'', literally something like "land outside [the boundaries]"/"[Out Field]") and where it is invalid or restricted (''innmark'', "land inside [the boundaries]"/"[In Field]"). The law specifies ''innmark'' thoroughly, and all areas not covered by this definition are defined as ''utmark'', generally speaking uninhabited and uncultivated areas. Cultivated land may only be crossed when frozen or covered in snow.

There are some basic rules that must be followed when camping in Norway:

* People are allowed to camp at least 150 metres away from the nearest inhabited house or cottage.
* [[Campfire]]s are not allowed in the forest areas between 15 April to 15 September, unless it ''obviously can not lead to a fire''.<ref>{{Cite web |url=https://lovdata.no/dokument/SF/forskrift/2015-12-17-1710 |title=Forskrift om brannforebygging |date=28 December 2012 |publisher=lovdata.no |access-date=2020-04-24 |language=no}}</ref>
* Tourists are allowed to stay in one spot for up to two days. After that, it is necessary to specifically ask for permission from the landowner. This rule excludes the mountains and the national parks.
*  With a motorhome or a camper, it is allowed to park and spend the night anywhere parking is allowed, including along a public road, unless camping is explicitly forbidden. Often this right is however limited to one or two overnight stays.<ref>{{cite web | url=https://nye.naf.no/bilferie-og-reise/camping/hvor-du-kan-overnatte-med-bobil-og-test | title=Her kan du overnatte med campingbil og telt &#124; NAF }}</ref>

In later years the right has come under pressure particularly around the [[Oslofjord|Oslo Fjord]] and in popular areas of Southern Norway. These areas are popular sites for holiday homes and many owners of coastal land want to restrict public access to their property. As a general rule, building and partitioning of property is prohibited in a 100-metre zone closest to the sea, but local authorities in many areas have made liberal use of their ability to grant exemptions from this rule. However, even if a land owner has been permitted to build closer to the shore, he may not restrict people from walking along the shore. Fences and other barriers to prevent public access are not permitted (but yet sometimes erected, resulting in heavy fines).

[[Canoeing]], [[kayaking]], [[rowing (sport)|rowing]] and [[sailing]] in rivers, lakes, and ocean are allowed. Motorised boats are only permitted in salt water. All waters are open for swimming – with the exception of lakes that are [[drinking water]] reservoirs (see for instance [[Maridalsvannet]]).

Wild berry foraging is part of the right. Picking cloudberries may, however, be restricted on privately owned land in northern parts of Norway.<ref>{{Cite web |url=https://lovdata.no/lov/1957-06-28-16/§5 |title=Lov om friluftslivet (friluftsloven) §5 |date=1 July 1957 |publisher=lovdata.no |access-date=2020-04-24 |language=no}}</ref>

Hunting rights belong to the landowner, and thus hunting is not included in the right of free access. In freshwater areas such as rivers and lakes, the fishing rights belong to the landowner. Freshwater fishing  may only be conducted with the permission of the landowner and by those in possession of a fishing licence. Different rules apply for children under the age of 16. Children under the age of 16 have the right to fish without a licence, a right codified in 1992. This right was tried and upheld in a ruling from the Norwegian Supreme Court in 2004.<ref>{{Cite web |title=Barns rett til fritt fiske etter lakse- og innlandsfiskloven |url=https://www.domstol.no/no/hoyesterett/avgjorelser/2004/hoyesterett-sivil/HR-2004-2115-A/ |access-date=2024-09-18 |website=www.domstol.no |language=no}}</ref><ref>{{Cite web |title=Dom i Høyesterett - barns rett til å fiske innenlandsfisk - Lovdata |url=https://lovdata.no/artikkel/dom_i_hoyesterett_-_barns_rett_til__fiske_innenlandsfisk/828 |access-date=2024-09-18 |website=lovdata.no}}</ref>

In salt water areas there is free access to sports fishing using boats or from the shoreline. All fishing is subject to legislation to, among other things, protect biological diversity, and this legislation stipulates rules regarding the use of gear, seasons, bag or size limits and more.

=====Sweden=====
In [[Sweden]] {{lang|sv|allemansrätten}} (lit. "the everyman's right") is a freedom granted by the [[Constitution of Sweden]]. Since 1994 the Instrument of Government says that notwithstanding the right to own property "everyone shall have access to nature in accordance with ''allemansrätten''".<ref name="regeringsformen2kap">[http://www.riksdagen.se/templates/R_PageExtended____6074.aspx Regeringsformen. 2 kap, Grundläggande fri- och rättigheter §&nbsp;18] {{Webarchive|url=https://web.archive.org/web/20070714213405/http://www.riksdagen.se/templates/R_PageExtended____6074.aspx |date=2007-07-14 }}, Regeringen {{in lang|sv}} "Alla skall ha tillgång till naturen enligt allemansrätten oberoende av vad som föreskrivits ovan."</ref> What this means is not further explicated on in the constitution, and only sparsely in other legislation.<ref name="NaturBB">{{Cite book |last=Bertil Bengtsson |url=http://www.naturvardsverket.se/Documents/publikationer/620-8161-6.pdf |title=Allemansrätten – Vad säger lagen? |publisher=[[Environmental Protection Agency (Sweden)|Naturvårdsverket]] |year=2004 |isbn=91-620-8161-6 |page=7 |language=sv |quote=Men inget sägs om vad den rätten närmare är för något. Inte heller annan lagstiftning ger klart besked om detta.}}</ref> In practice, ''allemansrätten'' is defined as actions that are not crimes, will not make a person liable to pay [[damages]], nor can be prohibited by any authority.<ref>Ebbesson, Jonas (2003):''Miljörätt''.{{ISBN|91-7678-526-2}}</ref> As in other Nordic countries, the Swedish right to roam comes with an equal emphasis being placed upon the responsibility to look after the countryside; the maxim is "do not disturb, do not destroy". Many Swedish people consider this to be a form of legacy or human right.

''Allemansrätten'' gives a person the right to access, walk, cycle, ride, ski, and camp on any land—with the exception of private gardens, the immediate vicinity of a dwelling house and land under cultivation. Restrictions apply for [[nature reserve]]s and other protected areas. It also gives the right to pick wild flowers, mushrooms and berries (provided they are not legally protected), but not to hunt in any way. Swimming in any lake and putting an unpowered boat on any water is permitted unless explicitly forbidden. Visiting beaches and walking by a shoreline is permitted, providing it is not a part of a garden or within the immediate vicinity of a residence (legally defined as the ''hemfridszon''). The ''hemfridszon's'' size depends on conditions but can be as large as 70 metres from an ordinary dwelling house.<ref name="NaturBB" /> To better protect access to water and the right to walk along beaches, it is since 1975 generally not permitted to build a new house near (generally 100 m) from a beach and/or shoreline.<ref>{{Cite web |url=https://lagen.nu/1998:808#K7 |title=Miljöbalk (1998:808) (MB) |publisher=Lagen.nu |access-date=2011-09-29}}</ref>

Fishing remains essentially private—apart from on the biggest five lakes and the coast of the [[Baltic Sea]], [[Öresund|the Sound]], [[Kattegat]] and [[Skagerrak]]. It is permitted to drive a car on a private road unless explicitly signposted otherwise. Small camp fires are generally permitted, but in some periods banned by local authorities due to wild fire risk. It is allowed to put up a tent on any uncultivated land for a night or two.<ref name="NaturUnique">{{Cite web |url=http://www.swedishepa.se/Documents/publikationer6400/978-91-620-8522-3.pdf |title=Allemansrätten, Right of public access – a unique opportunity |publisher=Naturvardsverket.se |access-date=2012-11-09}}</ref> There has been some controversy on commercial use of the berry picking rights, when companies legally contract people to pick berries in the forests.<ref>{{Cite news |url=http://www.economist.com/node/21559956 |title=Berrypickers, unite! |newspaper=[[The Economist]] |access-date=2016-05-21 |issn=0013-0613}}</ref>

Building a fire is generally permitted except on bare rock faces where it can lead to cracking. Municipalities can issue fire bans during dry periods.

With a motorhome or camper, you can park and spend the night anywhere parking is allowed, including along public roads. Driving off-road with caravans and mobile homes is not permitted. At rest areas, the usual maximum stay for overnight stays is around 24 hours on weekdays, with slightly longer durations on weekends. Additional rules will be posted on rest area signs. There are no specific regulations regarding how long you can park your motor vehicle adjacent to a non-off-road road.<ref>{{cite web | url=https://www.naturvardsverket.se/amnesomraden/friluftsliv/motortrafik-i-naturen/husvagn-och-husbil-i-naturen/ | title=Husvagn och husbil i naturen }}</ref>

Exercise of the rights is overseen by the [[County Administrative Boards of Sweden|County Administrative Boards]]—which can, for example, force the removal of a fence if it obstructs access to areas that are important to the ''allemansrätt''.<ref name="NaturBB" />

=====Iceland=====
Like other Nordic countries [[Icelandic law]] contains a version of the freedom to roam, the right to access uncultivated land and pick berries. "It is permissible to cross uncultivated private property without seeking any special permission, but landowners may limit routes with signs or other marks. State-owned land such as conservation areas and forestry areas are open to everyone with few exceptions. These exceptions include – but are not limited to – access during breeding seasons or during sensitive growth periods".<ref>{{Cite web |url=http://www.ust.is/the-environment-agency-of-iceland/tourist-information/notes-for-visitors/ |title=The Environment Agency of Iceland |access-date=2017-10-24 |archive-url=https://web.archive.org/web/20171025075628/http://www.ust.is/the-environment-agency-of-iceland/tourist-information/notes-for-visitors/ |archive-date=2017-10-25 |url-status=dead }}</ref>

Hikers should, however, "avoid taking shortcuts over fenced areas, pastures and private plots", and follow the rules in conservation areas. Footpaths should also be followed, if they exist, to help protect the landscape. Furthermore, "landowners may not hinder passage of walkers alongside rivers, lakes and ocean, or on tracks and paths'.<ref name="The Environment Agency of Iceland">The Environment Agency of Iceland</ref> Cycling may be restricted on some paths. Equestrians must keep to bridleways where they exist and in other places show "consideration for the land".<ref name="The Environment Agency of Iceland" />

In many areas, like South and East Iceland, only in uninhabited areas that are not protected maximum 3 Tents maybe pitched up for one night, if there is no camp-site in vicinity.

Motorized travellers with motorhomes (RV), camping cars (campers) and trailers must always stay on an official campsite. 

In national parks, it is forbidden to stay overnight outside an official camp-site, both for motorized and non-motorized travellers.

Fishing requires a license but collecting "berries, mushrooms, seaweed and other plants for immediate consumption" is permitted on "public lands and highland pastures".<ref name="The Environment Agency of Iceland" />

====Estonia====
In Estonia, it is permitted to access natural and cultural landscapes on foot, by bicycle, ski, boat, or on horseback.<ref name="Igaüheõigus">{{Cite web |date=2011-01-19 |title=Everyman's right and public access to natural areas |url=https://www.eesti.ee/en/housing-and-environment/nature-protection/everymans-right-and-public-access-to-natural-areas}}</ref>

Private property may be accessed at any time. If the private property is fenced or posted against trespassing, the permission of the owner is required to proceed. The owner of the private property is also required to post signs stating the ownership of the land, and contact numbers, to avoid legal issues.
Land owners may not block access to land, roads or bodies of water that are public or are designated for public use, including ice and shore paths.<ref name="Igaüheõigus" />

All bodies of water that are public or designated for public use have public shore paths that are up to 4 m wide. The shore path along a navigable body of water may extend to a distance of 10 m from the water line. The owner may not close this path even if the private property is posted or marked with no-trespassing signs. Grazing areas and other enclosed areas along the shore paths must have stiles.
Ponds with no outlet located entirely on the land of one land owner and lakes smaller than five hectares located on land belonging to more than one land owner shall not be in public use. Permission from the landowner is required to access such bodies of water.<ref name="Igaüheõigus" />

Neither do bodies of water protected as sources of drinking water or which are in use by aquaculture or are in other special use have a shore path.
All of the rights and responsibilities regarding humans’ interaction with nature are collectively termed everyman's right. Everyman's right does not pertain to the organizing of sporting events or other public events in open country. To organize these, the permission of the landowners or other possessors of land, and if necessary, of the local government, must be sought.<ref name="Igaüheõigus" />

The following is permitted in nature:

* accessing areas by foot, on bicycle, skis, boat or horseback in all places not prohibited on the basis of law(s);
* being present in any area where access is permitted;
* gathering wild berries, mushrooms, flowers, medicinal plants, hazelnuts and other natural products not under nature protection;
* fishing bodies of water that are public or designated for public use with a simple hand line.

The following is prohibited:

* accessing the immediate proximity of a person's yard, plantations, apiaries, sown crops, grain field and other cropland where damage is thereby incurred by the owner;
* lighting fires and camping without permission from the land owner or possessor;
* hunting and fishing without relevant license, except for simple hand line;
* injuring trees and bushes;
* disrupting the peace of local inhabitants;
* damaging the habitats and nests of forest animals and birds, gathering or removing their eggs, or otherwise doing harm to them;
* damaging nature protection objects and protected species;
* using motor vehicles where prohibited;
* polluting nature.

====Belarus====
Article 13 of Section I of the [[Constitution of Belarus]] guarantees that all forest and farm land is publicly owned.<ref>{{Cite web |url=http://ncpi.gov.by/constsud/rus/constitution.html |title=Constitution of Belarus |publisher=Government of Belarus |language=ru |url-status=dead |archive-url=https://web.archive.org/web/20080703154525/http://ncpi.gov.by/constsud/rus/constitution.html |archive-date=July 3, 2008}}</ref><ref>{{Cite web |url=http://www.law.by/work/EnglPortal.nsf/6e1a652fbefce34ac2256d910056d559/d93bc51590cf7f49c2256dc0004601db?OpenDocument |title=Constitution of Belarus, English Translation |publisher=Government of Belarus, National Legal Internet Portal of the Republic of Belarus |url-status=dead |archive-url=https://web.archive.org/web/20080928141450/http://law.by/work/EnglPortal.nsf/6e1a652fbefce34ac2256d910056d559/d93bc51590cf7f49c2256dc0004601db?OpenDocument |archive-date=September 28, 2008}}</ref>
Forty percent of the country's territory is covered by forest,<ref>{{Cite web |url=http://hdr.undp.org/en/reports/nationalreports/europethecis/belarus/belarus_2005_en.pdf |title=Belarus: Window of Opportunity (see Table 15, page 66) |publisher=United Nations}}</ref>
and approximately the same amount devoted to agriculture.<ref>{{Cite web |url=http://tourism.tut.by/cgi-bin/countries.cgi?id=83 |title=Belarus Tourist Information |publisher=Belarus Portal tut.by |language=ru |access-date=2008-08-27 |archive-date=2008-09-16 |archive-url=https://web.archive.org/web/20080916143617/http://tourism.tut.by/cgi-bin/countries.cgi?id=83 |url-status=dead }}</ref>

According to the Forest Code (Article 13)<ref>{{Cite web|title=Section II: The Individual, Society, and the State|url=http://belarus.net/costitut/constitution_e.htm|url-status=dead|archive-url=https://web.archive.org/web/19980209153314/http://belarus.net/costitut/constitution_e.htm|archive-date=1998-02-09|website=belarus.net}}</ref> "citizens have the right to freely stay in the forest and collect wild fruits, berries, nuts, mushrooms, other food, forest resources and medicinal plants to meet their own needs."<ref>{{Cite web |url=http://www.pravo.by/webnpa/text.asp?RN=HK0000420 |title=Forest Code of Belarus |publisher=Government of Belarus |language=ru}}</ref>

====Austria====
The right to roam in Austria, particularly in forests and mountainous areas, is called '''Wegefreiheit'''. Since 1975 the right to roam in forests is guaranteed by Federal law. In particular, walking, running, hiking, and resting are automatically allowed to the public in most forest areas. However, horse riding, bike riding, and camping are not, and may only be practised with the land owner's permission.  A large proportion of the forest area in Austria is owned by government bodies such as the {{ill|Austrian State Forestry Commission|de|Österreichische Bundesforste}}, but the same restrictions still apply. In some circumstances forests may be closed to the public for environmental reasons. The situation in mountainous areas is less clear, and differs from state to state. Some states, such as [[Carinthia (state)|Carinthia]], [[Styria]], and [[Salzburg (state)|Salzburg]] guarantee a right to roam in mountainous areas (usually defined as above the tree line), for all recreational activities. In other states, such as [[Tyrol (state)|Tyrol]], [[Lower Austria]], and [[Burgenland]], no explicit right to roam exists and land owners reserve the right to deny access. In practice, however, such restrictions are rarely enforced, since mountain tourism is an important industry in Austria.
<ref>{{Cite web |url=http://www.rockprojects.com/download/OEAV_Rechts_Infotext_2004.pdf |title=Wegefreiheit im Wald und im Berggebiet |website=AV-Rechts-Infotext 2004 |publisher=Austrian Alpine Club |language=de |url-status=dead |archive-url=https://web.archive.org/web/20070929100420/http://www.rockprojects.com/download/OEAV_Rechts_Infotext_2004.pdf |archive-date=2007-09-29}}</ref>

====Czech Republic====
{{more citations needed section|date=September 2018}}

{{See also|Czech Hiking Markers System}}
[[File:Roblín, turistická trasa.jpg|thumb|[[Czech Hiking Markers System]] for [[trail blazing]] has been adopted in Central Europe and elsewhere.]]
The old legal institute of "right of the way" (imbedded in the Civil Code) has its roots in [[Austria-Hungary]] law. This legal institution is applied when one land owner has a need to go through alien lands for access to his own land.

The Nature and Countryside Preservation Act gives a legal right to roam through country ("veřejná přístupnost krajiny", public accessibility of countryside or wilderness – excluding parcels owned by a [[natural person]]). Some types of land are excluded from compulsory public accessibility: settled and building grounds, courtyards, gardens, orchards, vineyards, hop gardens, grounds destined for animal husbandry. Fields and arable land are excluded during seasons when herbage or soil would be damaged, pasture lands are excluded during cattle grazing.
In national natural preserves, national natural monuments, national parks and in the first zones of landscape protected areas, state authorities can restrict public access (ordinarily only to roads or only to marked routes). Special acts can exclude also other areas (e. g. military areas, rail tracks etc.).

According to Forest Act, forests are publicly accessible ("obecné užívání lesa", common use of forest – including private ones) and citizens have a legal right to enter the forests. The right of gathering dry twigs lying on the ground and berries for personal purpose is also guaranteed. However, biking, sledge riding, skiing and horseback riding are allowed only on forest roads. Public motor vehicle riding is prohibited (highroads going through forest are not considered as parts of the forest – because they are not considered as "forest land" in land registration). Common use of forest can be restricted by the owner in military forests, protected areas, forest nurseries, forest orchards, deer parks, pheasantries etc.

The Road Act defines ''obecné užívání pozemních komunikací'' (common use of roads – some road can be excluded), The Water Act defines "obecné užívání povrchových vod" (common use of surface waters).

====Italy====
{{unreferenced section|date=April 2024}}
In Italy there is not a general right to roam: this was established by jurisprudence in 1999 (Cassazione civile, sez. III, 27/08/1999, n. 8997). Privately-owned land is not accessible when marked as such, while access to publicly-owned land is generally free. Berries and mushrooms can be picked on publicly-owned land but may be restricted in quantity/species and/or subjected to a fee, according to regional laws.
 
[[File:Privatisation beaches italy 2021.svg|thumb|The privatisation of beaches in Italy, 2021]]
It can be estimated that only half of the country's beaches are freely accessible and usable for bathing. In fact, almost 43% of the Italian sandy coastline is occupied by bathing establishments, while 7.2% is polluted or not monitored. 
The situation varies from region to region; although the European Union has been asking Italy for years to have more free beaches, the number of free beaches has declined.{{as of when|date=May 2024}}

====Switzerland====
The freedom to roam is guaranteed in [[Switzerland]] by the [[Swiss Civil Code]]. However, some [[cantons of Switzerland|cantons]] have more detailed regulations concerning the rights of access of otherwise not authorised people.

The Swiss Civil Code provides that forest and pasture are accessible freely for everyone, as long as there is no excessive usage. Except in special cases like the protection of young forest or [[biotope]]s it is not allowed to fence in forest areas. This also applies to private property. Certain activities related to excessive usage and the potential to cause damage, such as events in the woods, or access with cars, may be dependent on special authorisation. Similar regulations are in place for land which is not usable (e.g. stretches of water, rock, snow and ice), regardless of the land being unowned (i.e. being under the control of the canton and not able to be claimed as private property) or privately owned. The canton may also choose to restrict the freedom to roam in order to protect nature (e.g. the gathering of mushrooms, berries, wood, etc. in forests).

====Germany====
In Germany a limited right to roam, called ''Betretungsrecht'', is guaranteed by multiple federal laws. The Federal Nature Conservation Act,<ref>{{cite web |title=§ 14 BWaldG |url=https://www.gesetze-im-internet.de/bwaldg/__14.html |publisher=Federal Ministry of Justice and Consumer Protection |access-date=16 June 2021}}</ref> the Federal Forest Act<ref>{{cite web |title=§ 59 BNatSchG |url=https://www.gesetze-im-internet.de/bnatschg_2009/__59.html |publisher=Federal Ministry of Justice and Consumer Protection |access-date=16 June 2021}}</ref> and the Federal Water Management Act allow everyone access to open landscape, uncultivated land, forests and water bodies, including cycling and horse-riding on tracks and paths. The right may be further regulated through state law.

The [[Constitution of Bavaria]] guarantees everyone "the enjoyment of natural beauty and recreation in the outdoors, in particular the access to forests and mountain meadows, the use of waterways and lakes and the appropriation of wild fruits".<ref>{{Cite book|url=https://en.wikisource.org/wiki/Constitution_of_the_Free_State_of_Bavaria|title=Constitution of the Free State of Bavaria|access-date=Jun 7, 2020|via=Wikisource}}</ref>  The right is nicknamed ''Schwammerlparagraph'' (mushroom clause). The article also obliges "every person to treat nature and the landscape with care". "The state and the municipalities shall be entitled and obliged to maintain free access to mountains, lakes, rivers and other beautiful sceneries and to create free access by restricting property rights and to create hiking trails and recreational parks".

====United Kingdom====
In the [[United Kingdom]], outside Scotland, access to much uncultivated and unenclosed land was restricted prior to the enactment of the [[Countryside and Rights of Way Act 2000]]. Access to land in England and Wales is still more limited than in most of Northern Europe, and some other European countries, while access is very limited in Northern Ireland. Property was formerly protected in England and Wales mostly to preserve the landowner's hunting or fishing rights. The [[Ramblers' Association]], which works to increase the rights of walkers in the United Kingdom, was a driving force behind this legislation.

=====England and Wales=====
{{See also|Open Country|Trespass in English law#Trespass to land}}
{{more citations needed section|date=August 2019}}

In [[England and Wales]], after a polarised debate about the merits, rights and benefits of private landowners and public recreation, in 2000 the Government legislated to introduce a limited ''right to roam'', without compensation for landowners. The Countryside and Rights of Way Act 2000 (CROW) was gradually implemented from 2000 onwards to give the general public the conditional right to walk in certain areas of the English and Welsh countryside: principally [[downland]], [[moorland]], [[heathland]] and coastal land.<ref>{{Cite web|date=30 November 2000|title=Countryside and Rights of Way Act 2000|url=http://www.legislation.gov.uk/ukpga/2000/37/introduction|access-date=10 June 2020}}</ref> Forests and woodlands are excluded, other than  publicly owned forests, which have a similar right of access by virtue of a voluntary dedication made by the [[Forestry Commission]]. 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. People exercising the right of access have certain duties to respect other people's rights to manage the land, and to protect nature.

The new rights were introduced region by region through England and Wales, with completion in 2005. Maps showing accessible areas have been produced. This added to the legal right to use established [[footpath (right of way)|public footpaths]] and [[bridleways]], some [[common land]] and access to the [[foreshore]]. Land owners may prevent access to other areas (or charge a fee for access).

Angling interests successfully lobbied for the exclusion of rivers in England and Wales from CROW, leaving other river users such as [[swimmer]]s and [[canoeing|canoeists]] with access restricted to less than 2% of navigable water. The [[British Canoe Union]] is running the [[Rivers Access Campaign]], to highlight the level of restrictions the public face in gaining access to inland waterways in England and Wales.

Since the [[Dartmoor Commons Act 1985]], much of the [[Dartmoor National Park]] has been designated as "access land", with no restrictions on where walkers can roam, although it remains privately owned.<ref>[http://www.opsi.gov.uk/acts/localact1985/pdf/ukla_19850037_en.pdf Dartmoor Commons Act 1985] on the OPSI website</ref> Because of the 1985 act, Dartmoor was largely unaffected by the Countryside and Rights of Way Act 2000, which established similar rights in other rural parts of the country, but in 2006, this act opened up much of the remaining restricted land to walkers. In 2025, the [[UK Supreme Court]] upheld the right to roam on the park, with judges saying regulation would be more effective at protecting it than private enforcement by property owners.<ref>{{Cite news |last=Davis |first=Miles |last2=Morris |first2=Jonathan |date=21 May 2025 |title=Wild camping on Dartmoor backed by Supreme Court |url=https://www.bbc.co.uk/news/articles/cwywwq5zkqwo |url-status=live |archive-url=https://web.archive.org/web/20250521103552/https://www.bbc.co.uk/news/articles/cwywwq5zkqwo |archive-date=21 May 2025 |access-date=21 May 2025 |website=[[BBC News]] |language=en-GB}}</ref>

The [[Marine and Coastal Access Act 2009]] extended access rights to land near the English coast.

=====Scotland=====
{{Main|Scottish Outdoor Access Code}}
In Scotland the [[Land Reform (Scotland) Act 2003]] comprehensively codified into [[Scots law]] the ancient tradition of the right to universal access to the land in Scotland. The act specifically establishes a right to be on land for recreational, educational and certain other purposes and a right to cross land. The rights exist only if they are exercised responsibly, to which the [[Scottish Outdoor Access Code]] provides guidance on.

Access rights apply to any non-motorised activities, including walking, cycling, horse-riding and wild camping. They also allow access on inland water for canoeing, rowing, sailing and swimming.
The rights confirmed in the Scottish legislation are greater than the limited rights of access created in England and Wales by the Countryside and Rights of Way Act 2000 (CRoW).<ref>{{Cite web |url=http://www.defra.gov.uk/wildlife-countryside/cl/bill/factsheet/index.htm#1 |title=Countryside and Rights of Way Act 2000: Fact Sheets |date=2000-03-07 |publisher=Department for Environment, Food and Rural Affairs |url-status=dead |archive-url=https://web.archive.org/web/20060813102505/http://www.defra.gov.uk/wildlife-countryside/cl/bill/factsheet/index.htm#1 |archive-date=2006-08-13 |access-date=2006-12-09}}</ref>

=====Northern Ireland=====
Access rights in Northern Ireland have been described as being "the most regressive and restrictive access legislation in Europe. Most of the routes used to reach{{nbsp}}[...] mountains, hills, seashores, rivers and national monuments pass over private land. In almost all cases, the walker has no right to be there."<ref name="walkingandhikingireland.com">{{Cite web |url=http://www.walkingandhikingireland.com/242/ |title=Ireland.... Right to Roam? |date=7 November 2009 |url-status=dead |archive-url=https://web.archive.org/web/20170327081024/http://www.walkingandhikingireland.com/242/ |archive-date=27 March 2017 |access-date=26 March 2017}}</ref> The [[Access to the Countryside (Northern Ireland) Order 1983]] gave some rights, but access is generally modelled on the restrictive 1949 English/Welsh law. The absence of a tradition of access, political influence of landowners and problems of governance have been blamed for the lack of freedom to roam.<ref>{{Cite web |last=Simpson |first=Mark |title=A critical analysis of access to the countryside in Northern Ireland |date=September 2011 |url=https://www.academia.edu/2963335|url-access=registration}}</ref>

====Republic of Ireland====
[[Keep Ireland Open]] is a voluntary campaign organisation with the aim of improving access to the countryside. Journalist [[Fintan O'Toole]] called Irish law "perhaps the most negative and mean-minded regime for walkers in Europe".<ref>{{Cite news|url=https://www.irishtimes.com/news/no-freedom-to-roam-the-irish-countryside-1.399796|title=No freedom to roam the Irish countryside|newspaper=The Irish Times|access-date=Jun 7, 2020}}</ref> Access rights in Ireland have been described as being "the most regressive and restrictive access legislation in Europe. Most of the routes used to reach our mountains, hills, seashores, [[Rivers of Ireland|rivers]] and [[National Monument (Ireland)|national monuments]] pass over private land. In almost all cases, the walker has no right to be there."<ref name="walkingandhikingireland.com" /> The [[List of national parks of the Republic of Ireland|national parks]] are described by Keep Ireland Open as "the only places in Ireland where freedom to roam exists", but they only cover 0.9% of the country. Comhairle na Tuaithe was established by [[Éamon Ó Cuív]], [[Minister for Children, Equality, Disability, Integration and Youth|Minister for Community, Rural and Gaeltacht Affairs]] in 2004 to mediate between landowners, state agencies and recreational users of the countryside.<ref>{{Cite web|url=http://www.keepirelandopen.org/issues.html|title=Keep Ireland Open|website=www.keepirelandopen.org|access-date=Jun 7, 2020}}</ref>