Public right of access to private land: examples and considerations

Abstract

Public right of access, everyman’s or everyone's right, freedom to roam, right of public access to the wilderness and the right to roam are terms used for concepts that give people an independent right of access to forest land and rural areas for recreational or passage purposes. Access is not a self-evident right nor are the practices in different countries resolved alike. In this paper, we review how the public right of access is resolved in different countries, with a focus on cases in Sweden and Finland. We highlight problems that arise when the right of access enables extensive use of the land by the public and may make everyone’s right prone to features related to the tragedy of the commons. We find that the code regarding public access depends largely on cultural, historical, and political differences and thus has no international or unambiguous definition as to what it includes or should include. The concept has worked considerably well throughout time but, as the original reasons for the right have waned and recreational use and demand have increased, the question has been raised whether everyone’s right should be redefined to prevent complications between users and landowners.