Blocking a Right of Way in Scotland is a criminal obstruction under the Highways Act, just as in England and Wales, but the lack of publicly accessible Rights of Way maps in Scotland makes it very difficult to enforce. While in England and Wales, highway authorities have a duty to maintain legally recognised maps of rights of way, in Scotland different legislation applies and there is no legally recognised record of rights of way.
Right of way - Wikipedia
There are three categories of rights of way in CROW:. Northern Ireland has very few public rights of way and access to land in Northern Ireland is more restricted than other parts of the UK, so that in many areas walkers can only enjoy the countryside because of the goodwill and tolerance of landowners.
Permission has been obtained from all landowners across whose land the Waymarked Ways and Ulster Way traverse. Water Service and Forest Service land, as is land owned and managed by organisations such as the National Trust and the Woodland Trust. Northern Ireland shares the same legal system as England , including concepts about the ownership of land and public rights of way, but it has its own court structure, system of precedents and specific access legislation. In the United States, a right-of-way is normally created as a form of easement.
The easement may be an easement appurtenant, that benefits a neighboring property, or an easement in gross, that benefits another individual or entity as opposed to another parcel of land. The freedom to roam, or everyman's right is the general public's right to access certain public or privately owned land for recreation and exercise. Access is permitted across any open land, in addition to existing paths and tracks.
In England and Wales public access rights apply to certain categories of mainly uncultivated land—specifically "mountain, moor , heath, down and registered common land". 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 See Countryside and Rights of Way Act Most publicly owned forests have a similar right of access by virtue of a voluntary dedication made by the Forestry Commission.
People exercising the right of access have certain duties to respect other people's rights to manage the land, and to protect nature. In Scotland and the Nordic countries of Finland , Iceland , Norway and Sweden as well as the Baltic countries of Estonia , Latvia and Lithuania the freedom to roam may take the form of general public rights which are sometimes codified in law. The access is ancient in parts of Northern Europe and has been regarded as sufficiently basic that it was not formalised in law until modern times.
This right also usually includes access to lakes and rivers, and therefore activities like swimming, canoeing, rowing and sailing. The BCU is using the campaign not just to raise awareness of the access issues, but to try to bring about changes in the law. Many tropical countries such as Madagascar have historic policies of open access to forest or wilderness areas.
Some land long considered public or crown land may in fact be the territory of indigenous people , in countries that were colonised. Much of Canada is Crown land owned by the provinces. Some is leased for commercial activity, such as forestry or mining, but on much of it there is free access for recreational activities like hiking, cycling, canoeing, cross-country skiing, horse back riding, and licensed hunting and fishing, etc.
At the same time access can be restricted or limited for various reasons e.
Canadian National Parks have been created from Crown land and are also administered by the Federal Government. There are also provincial parks and nature reserves that have been similarly created.
The aboriginal peoples in Canada may have specific rights on Crown land established under treaties signed when Canada was a British colony, and have claimed ownership of some Crown land. Access to the latter is normally permitted for recreational purposes, though motorized vehicles are required to follow roads. Most state and federally managed public lands are open for recreational use.
Recreation opportunities depend on the managing agency, and run the gamut from the free-for-all, undeveloped wide open spaces of the Bureau of Land Management lands to the highly developed and controlled US national parks and state parks. Wildlife refuges and state wildlife management areas, managed primarily to improve habitat , are generally open to wildlife watching, hiking, and hunting, except for closures to protect mating and nesting, or to reduce stress on wintering animals.
National forests generally have a mix of maintained trails and roads, wilderness and undeveloped portions, and developed picnic and camping areas. Public rights of way frequently exist on the foreshore of beaches. In legal discussions the foreshore is often referred to as the wet-sand area.
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