4 ms·

We need the UK's Walking laws. Any footpath over private land is considered a public right of way. https://en.m.wikipedia.org/wiki/Walking_in_the_United_Kingdom

We need the UK's Walking laws. Any footpath over private land is considered a public right of way. https://en.m.wikipedia.org/wiki/Walking_in_the_United_Kingdom https://en.m.wikipedia.org/wiki/Walking_in_the_United_Kingdo...

IanCal 4y ago
That doesn't sound quite right. It's not just any path, it's more that there are old specific protected paths. It's a weird mix of the land being owned but publicly usable, but if you were starting from a much newer country it'd be easier to just publicly own the path.
- nicoburns 4y ago
  It is specific paths, but they’re not all historical. New ones can be and are created https://www.ramblers.org.uk/advice/paths-in-england-and-wales/changes-to-the-path-network/creating-a-right-of-way.aspx https://www.ramblers.org.uk/advice/paths-in-england-and-wale...
avianlyric 4y ago
Footpaths wouldn’t help you with corner crossing in the US. UK footpaths only work because the footpaths themselves long predate the legal system that enforces private property rights in the UK. There are no established footpaths in the US that predate US property rights, mainly because European colonists simply ignored the existence of indigenous peoples land claims. But the US legal system generally considers the issue of indigenous land rights a resolved issue (even if the indigenous peoples would beg to differ). So there’s no dispute you could use to create the universal concept of public footpaths on private property in the US.
- permo-w 4y ago
  and in the UK trespassing is not a crime
  - IncRnd 4y ago
    Trespass to land involves the "unjustifiable interference with land which is in the immediate and exclusive possession of another"; it is both a tort and, in certain circumstances, a crime under the Criminal Justice and Public Order Act 1994. It is not necessary to prove that harm was suffered to bring a claim, and is instead actionable per se. While most trespasses to land are intentional, the courts have decided that it could also be committed negligently. Accidental trespass also incurs liability. [1] https://en.wikipedia.org/wiki/Trespass_in_English_law https://en.wikipedia.org/wiki/Trespass_in_English_law
    - ClumsyPilot 4y ago
      In certain circumstances. Peacefully walking over someone's land to get from A to B will not result in criminal prosecution

IanCal 4y ago

That doesn't sound quite right. It's not just any path, it's more that there are old specific protected paths. It's a weird mix of the land being owned but publicly usable, but if you were starting from a much newer country it'd be easier to just publicly own the path.

nicoburns 4y ago
It is specific paths, but they’re not all historical. New ones can be and are created https://www.ramblers.org.uk/advice/paths-in-england-and-wales/changes-to-the-path-network/creating-a-right-of-way.aspx https://www.ramblers.org.uk/advice/paths-in-england-and-wale...

avianlyric 4y ago

Footpaths wouldn’t help you with corner crossing in the US. UK footpaths only work because the footpaths themselves long predate the legal system that enforces private property rights in the UK. There are no established footpaths in the US that predate US property rights, mainly because European colonists simply ignored the existence of indigenous peoples land claims. But the US legal system generally considers the issue of indigenous land rights a resolved issue (even if the indigenous peoples would beg to differ). So there’s no dispute you could use to create the universal concept of public footpaths on private property in the US.

permo-w 4y ago
and in the UK trespassing is not a crime
- IncRnd 4y ago
  Trespass to land involves the "unjustifiable interference with land which is in the immediate and exclusive possession of another"; it is both a tort and, in certain circumstances, a crime under the Criminal Justice and Public Order Act 1994. It is not necessary to prove that harm was suffered to bring a claim, and is instead actionable per se. While most trespasses to land are intentional, the courts have decided that it could also be committed negligently. Accidental trespass also incurs liability. [1] https://en.wikipedia.org/wiki/Trespass_in_English_law https://en.wikipedia.org/wiki/Trespass_in_English_law
  - ClumsyPilot 4y ago
    In certain circumstances. Peacefully walking over someone's land to get from A to B will not result in criminal prosecution