In Sweden, they call it “allemansrätt.” In Finland, it’s “jokamiehenoikeus.” In Scotland, it’s “the right to roam.” Germany allows walking through privately owned forests, unused meadows and fallow fields. In 2000, England and Wales passed the Countryside and Rights of Way Act, which gave people access to “mountain, moor, heath or down.”
Nordic and Scottish laws are even more generous. The 2003 Scottish Land Reform Act opened up the whole country for a number of pastimes, including mountain biking, horseback riding, canoeing, swimming, sledding, camping and most any activity that does not involve a motorized vehicle, so long as it’s carried out “responsibly.” In Sweden, landowners may be prohibited from putting up fences for the sole purpose of keeping people out. Walkers in many of these places do not have to pay money, ask for permission or obtain permits.
We’re not nearly as welcoming in America. Travel across rural America and you’ll spot “No Trespassing” and “Private Property” signs posted on trees and fence posts everywhere. And even where there aren’t signs, Americans know they don’t have the implicit permission to visit their town’s neighboring woods, fields and coastlines. Long gone are the days when we could, like Henry David Thoreau on the outskirts of his native Concord, Mass., freely saunter “through the woods and over the hills and fields, absolutely free from all worldly engagements.”…
Roaming rights began to erode in the late 19th century, according to Mr. Sawers. In the South, states passed trespassing laws for racial reasons, seeking to keep blacks from hunting and fishing so as to starve them into submission. Elsewhere, wealthy landowners of the Gilded Era became concerned with game populations, and trespassing and hunting laws were passed to restrict immigrants, he said.
It is interesting to note both (1) the historical change in the United States toward property rights and exclusion and (2) European countries may allow walking through property but have restrictions such as committing damage, walking near homes, and hunting. But, perhaps even more noteworthy is the suggestion that race matters here as well: as the United States was moving toward more equality and racial/ethnic diversity, property rights were another means by which to keep groups separate. We know that this would soon matter tremendously in terms of restrictive covenants and segregated neighborhoods but even restricting the simple act of walking was seen as necessary to keep certain boundaries.