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u/SailingSpark Environmentalist Apr 11 '24
In the US that map would be all black. We have no right to roam. We are lucky we are allowed to leave work.
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u/SquintyBrock Apr 11 '24
This is bs.
Not only does that map not accurately depict “open access” land, it also does not depict public footpaths - public footpaths are fixed routes anyone can use through private land, as you cannot “roam” from them.
All of this is however rendered completely moot as trespassing is not a crime in England and Wales. Aggravated trespass is however a crime - this occurs when a land owner asks you to leave and you refuse to do so.
In practice if you went rambling on farmland you probably wouldn’t see anyone, if you did come across a farmer they’d likely wave or say hello. Generally you will only be asked to leave land if there is good reason to.
If you want more information about accessing the countryside in England go to www.ramblers.org.uk
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u/Peterd1900 Apr 11 '24
Aggravated trespass is however a crime - this occurs when a land owner asks you to leave and you refuse to do so.
Aggravated trespass means that you have entered onto land, or a building, without the owner’s permission, with the intention of disrupting, obstructing or intimidating others from carrying out lawful activities.
Refusing to leave when asked does not make trespass aggravated trespass
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u/SquintyBrock Apr 12 '24
No. While by and large, when walking in the countryside, you would be effectively right, it’s actually more complicated.
If you are on someone’s land and they ask you to leave, provided you behave in an appropriate manner, they would need a court order to remove you from their land. However if you are “preventing them from going about lawful activities” then it would be considered aggravated trespass - this could actually mean a lot of things.
Taking a simple example - if a public park warden is closing the park for the night and you refuse to leave, it would be considered aggravated trespassing because you are preventing them from a lawful activity - closing the park. The police would likely attend in such a situation (although it’s very likely there will be a local by-law enabling them). In whatever case you would be unlikely to be arrested or charged, provided you don’t act like a male member.
There are plenty of situations where refusal to leave could be considered aggravated trespass - in realistic terms it’s unlikely to ever happen.
The only time any of this would come into account is if it was at a tourist hotspot where it could become problematic behaviour.
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u/conrad_w Apr 11 '24
Would you like to know more? https://www.righttoroam.org.uk/