> * Did you know that under "real property" you can be excluded from certain land, just because someone else "says" it's theirs?
The interesting part is that most developed countries do still have structures in place to explicitly restrict the ability of landowners from preventing access to certain land. Either in the form of laws, or through public ownership.
E.g. in Norway there's a concept called "allemannsretten" ("public rights") that explicitly guarantee the right of the public to access "utmark" which is effectively any non-built-up part of land outside of urban cores. On top of that, there are special building restrictions on building near the coast line to ensure public access to beaches or the sea in general. Not only can you walk through any forest you please, no matter whether someone owns it, but you can gather berries or mushrooms there without obtaining permission. You do however generally need their permission to hunt.
In the US and elsewhere it is more commonly provided for through massive government ownership. E.g. federal land in the US makes up a massive 28% of the land mass. In the UK the Crown Estate owns more than half the coast, and massive amounts of other land, etc.
But while we've shifted substantially towards favouring private land owners, we still recognise that unfettered private property rights substantially restricts the freedom of movement of others.
The interesting part is that most developed countries do still have structures in place to explicitly restrict the ability of landowners from preventing access to certain land. Either in the form of laws, or through public ownership.
E.g. in Norway there's a concept called "allemannsretten" ("public rights") that explicitly guarantee the right of the public to access "utmark" which is effectively any non-built-up part of land outside of urban cores. On top of that, there are special building restrictions on building near the coast line to ensure public access to beaches or the sea in general. Not only can you walk through any forest you please, no matter whether someone owns it, but you can gather berries or mushrooms there without obtaining permission. You do however generally need their permission to hunt.
In the US and elsewhere it is more commonly provided for through massive government ownership. E.g. federal land in the US makes up a massive 28% of the land mass. In the UK the Crown Estate owns more than half the coast, and massive amounts of other land, etc.
But while we've shifted substantially towards favouring private land owners, we still recognise that unfettered private property rights substantially restricts the freedom of movement of others.