Editing Freedom to roam (section)

====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" />