Most active commenters
  • rafram(4)

←back to thread

291 points mooreds | 24 comments | | HN request time: 0.754s | source | bottom
Show context
geye1234 ◴[] No.45291627[source]
The UK has a much more intelligent (though far from perfect) approach to land use.

It has public rights of way (if on foot, horse or bicycle) crossing the whole country. You can walk from one end of Britain to the other without trespassing, and without using roads (much). Many of these paths are very, very old, in a few cases Roman or pre-Roman, although more are medieval. Until recently, they were based on common law rights, although they're now in statute. The situation is a happy hangover of the medieval approach to property rights, which is based on custom and usage and negotiation instead of strict statute. The American eighteenth-century enlightenment approach is an attempt to make everything tidy: it's based on the rationalist idea that a thing is its definition and nothing more. So private property is private, that means nobody else can use it: case closed.

The medievals also held in theory (not always in practice, hahaha) that one had a moral duty to use wealth for the public benefit, and that not doing so was theft. So buying up land and kicking everybody off was not only frowned upon, but could also get you into legal trouble, and possibly into trouble with the Church.

EDIT:

A few points since I didn't mean this to be a controversial comment but it seems to have started an argument:

- I should have mentioned the vast public lands in the western US, since they provide a counterpoint.

- The liability issue in the US obviously affects access to land, but could be ameliorated in principle (I would think).

- My comment is not a general defense of British land usage approach. There are huge problems, including but not limited to the tiny number of big landowners. I should have prefaced my first paragraph with "in some respects". Similarly, it is not a general defense of the medieval approach, and certainly not of serfdom.

- The UK's problem with vast landowners got worse in the sixteenth, seventeenth and eighteen centuries, with the Dissolution, the enclosure acts and clearances. Land becomes far more concentrated at this time, and the social distance between landlord and tenant much greater. Older lords' houses tend to be built very near roads where anyone can talk to them (whether to beg or to threaten), whereas the eighteenth century ones, as well as being much bigger, are far from the road in huge parks, guarded by layers of servants. The historian E.P. Thompson talks about the "triumph of law over custom" -- in other words, "what you and your ancestors have agreed with us and our ancestors up until this time doesn't matter, we've managed to get this law written down that gets you off the land, now get lost".

replies(12): >>45291734 #>>45291737 #>>45291832 #>>45291837 #>>45291890 #>>45291908 #>>45291929 #>>45291948 #>>45292020 #>>45292039 #>>45292534 #>>45293991 #
1. rafram ◴[] No.45291908[source]
Two very, very different situations.

The UK is a small, densely populated country without large areas of true wilderness. Over 90% of the country's land is private. The one area of the UK where there are large expanses of land without many inhabitants is Scotland (due to the Clearances), but the land there is still mostly owned by large land barons, and so Scotland has a more permissive law that allows non-destructive access to almost all private land (Land Reform (Scotland) Act 2003).

The US is almost half public land, it's absolutely gigantic, and it has numerous areas where you can be hundreds of miles away from the closest real settlement. We don't need traditional paths and easements and whatever when we have millions of acres of National Forest and BLM land that you can access freely. There are land barons in the US, but by absolute area, they did a fairly poor job of buying up the country's land before the federal government could protect it.

replies(4): >>45291986 #>>45292034 #>>45292242 #>>45294196 #
2. polairscience ◴[] No.45291986[source]
This is so false I can't even begin to describe it. And I say this as someone who nearly daily wanders around National Forest near his house.

First, why would it hurt to codify land access in a clearer way. And second. There are continuous battles with private landowners of where and how to access the public lands that you claim mean we don't need traditional paths or easements. See the recent Wyoming corning crossing case.

There are some public lands within a 5 minute walk of my house that I cannot access because rich landowners have intentionally cordoned them off. They're beautiful areas that should remain public. Why should you be able to effectively buy public land by restricting access to it maliciously? Why shouldn't Americans take seriously access to our shared land resources?

replies(2): >>45292085 #>>45293830 #
3. aftbit ◴[] No.45292034[source]
I'm gonna roll to doubt this. I live in a planned suburb with lots of cul-de-sacs which leads to long car-centric paths without sidewalks to walk through. Most of my neighbors (and myself) are very comfortable with people cutting through or around their yards to bypass this. I've gotten explicit permission to cut through when I'm walking my dog from the neighbors that own the most valuable shortcuts, but I wish there were a custom or law that covered this instead of needing to rely on the kindness of strangers.

Or maybe we could build suburbs with these sorts of walking-paths baked in from the beginning. Mine was laid down in the 70s, so too late for that now...

Don't get me wrong - I love my neighbors, and I find that most people are amenable to reasonable requests, without needing the law to lean on them, but it would be nice to codify this a bit.

replies(4): >>45292139 #>>45292265 #>>45293155 #>>45295812 #
4. rafram ◴[] No.45292085[source]
I don't think we really disagree. We should have better laws preventing landowners from restricting access to public land, and we should have laws explicitly allowing things like corner-crossing. But these are mostly issues in areas of public land that border developed areas. Since the vast majority of public land in this country is freely accessible to everyone via public roads that can't be blocked by private landowners, there's never really been enough political will to do large-scale land access reform like they did in the UK.

Again, over 90% of UK land is private, and large land barons control the vast majority of that. We just don't have a similarly widespread issue with land access in the US.

5. rafram ◴[] No.45292139[source]
> I've gotten explicit permission to cut through when I'm walking my dog from the neighbors that own the most valuable shortcuts, but I wish there were a custom or law that covered this instead of needing to rely on the kindness of strangers.

If enough people cross their land over a long enough period of time (varies by jurisdiction) without permission, that creates a "prescriptive easement," which is essentially what you're asking for. Some decent info here: https://en.wikipedia.org/wiki/Easement#By_prescription

6. placardloop ◴[] No.45292242[source]
The public land situation in the western US is vastly, vastly different from the situation in the east. Just like you’re saying comparing the US to the UK are two different situations, you also have to treat parts of the US separately.

Almost all of the US’s public lands are west of the Rockies. If you live in Colorado, California, Oregon, Washington then you can basically throw a rock and hit some public lands. East of the Rockies, you can go your entire life without ever even seeing public lands.

https://www.backpacker.com/stories/issues/environment/americ...

replies(2): >>45292303 #>>45293879 #
7. rascul ◴[] No.45292265[source]
> Or maybe we could build suburbs with these sorts of walking-paths baked in from the beginning.

We can. They exist. I've been in some of them.

8. potato3732842 ◴[] No.45292303[source]
That's not quite true. There are huge in number, small in overall size, amounts of public land east of the Mississippi. They're mostly all state forests, nature preserves, etc, etc and 99.9% of them are wholly unremarkable and barely utilized because you can only hike in so many identical forests or walk to the top of comparable hills before you get bored.

50+yr ago they were far more utilized (per capita) because they weren't closed to motorized recreation and hunting and fishing hadn't yet been regulated with intent to discourage participation.

But yes, the vast BLM lands out west have no analogue in the east.

replies(2): >>45295040 #>>45296750 #
9. conductr ◴[] No.45293155[source]
The majority of new-ish master planned suburban communities I’ve seen do have walking paths, bikeways, and parks baked in. Usually with some large HOA maintained pool, theater, I’ve even seen man made beaches (100s of miles from a coast). Although, they still usually have fenced yards and cutting through someone’s fenced yard without explicit permission is highly frowned upon, I would actually say dangerous when combined with gun situation being what it is.
replies(2): >>45294691 #>>45295703 #
10. gnarcoregrizz ◴[] No.45293830[source]
Yeah same thing happens around here. A dude here bought some land which surrounded an old popular access road to Cleveland national forest (socal), and promptly put a gate up... For a while it was the only convenient way to drive into the mountains from riverside county. Alternative routes were either closed from fires, closed to vehicles, or located on the other side of the mountain range. Lots of Facebook drama between this guy and people in the area trying to access the national forest. He has a camera pointed at the gate and regularly posts altercations and threatens to shoot people.
replies(1): >>45302399 #
11. jt2190 ◴[] No.45293879[source]
Your linked source omits state and local managed land.

For example compare their map of Massachusetts with this map from the state: https://www.mass.gov/how-to/masswildlife-lands-viewer

replies(1): >>45294319 #
12. cogman10 ◴[] No.45294196[source]
> without large areas of true wilderness

Depends on your definition of large. You'd probably be shocked at just how much wilderness is in the UK.

Don't get me wrong, just about every farmable piece of land is growing food. However, you might be shocked at the presence of forests and camping grounds still to this day.

Either way, the right to roam in the UK is something I wish we had in the US. There are more than a few lakes, for example, that can no longer be accessed because they've been encircled by private land owners turning the lakes effectively private. Cutting off access to waterways and forests to turn them into playgrounds for the rich is gross.

    Well, as I was walking, I saw a sign there
    And on the sign it said "No Trespassing"
    But on the other side it didn't say nothing
    That side was made for you and me!
replies(3): >>45295426 #>>45297124 #>>45297685 #
13. rtkwe ◴[] No.45294319{3}[source]
State and local managed land is also quite a bit more restrictive than the Federal Public Land you find out West in the US.
replies(1): >>45296345 #
14. zip1234 ◴[] No.45294691{3}[source]
These are often designed by people that don't ever walk anywhere.
15. wbl ◴[] No.45295040{3}[source]
The decline of hunting has little to do with recreation. Plenty of deer in the east. Also post COVID there was a wave of people heading out there.
16. shmageggy ◴[] No.45295426[source]
> You'd probably be shocked at just how much wilderness is in the UK.

You're right. I was shocked at just how little there is. If one's definition of large is more than a few square km, there's virtually none, for any sensible definition of wilderness, at least south of the Cairngorns.

17. stockresearcher ◴[] No.45295703{3}[source]
There’s a development in the works near me that is I think more along the lines of what the OP is thinking. A developer assembled around 1000 acres of farmland and proposes to build housing with half the land being open space. There are no amenities planned, however the houses will be grouped into “dense” clusters with paths through and around them. The paths will count as open space and are going to be owned by our county forest preserve agency, who will be building and maintaining that part.

The interesting part is that the agreement is that the county will be buying about 400 contiguous acres and then the housing clusters will be placed in 500 of the remaining 600 acres, with the 100 acres weaving in and out donated once they do the platting. They’re pretty far along in the process, with zoning and approvals in place. There are still a few unresolved technical issues that could derail the whole thing, yet we are less than one month away from signing the agreement that will irrevocably force them to sell the 400 acres. I’m excited to reach that milestone and after that won’t care at all if the project falls through (the remaining land revert to agriculture zoning and a future developer has to start over from the very beginning).

18. anthomtb ◴[] No.45295812[source]
I live in a suburban American neighborhood, built in the mid 2010's, which has ample walking paths and wide sidewalks. In fact, I cannot think of any newer neighborhood in this area which lacks walking infrastructure. Good sidewalks are a minimum. Usually there are dedicated walk and bike paths.

What is lacking is places you would actually walk to. There are numerous parks and a pool. But that's it. Don't get me wrong, it's great if you have a dog or enjoy running or walking. But I still have to drive everywhere.

19. rafram ◴[] No.45296345{4}[source]
Depends where. The Adirondack Preserve, for example, is more permissive than a lot of federal land.
replies(1): >>45301640 #
20. 0xbadcafebee ◴[] No.45296750{3}[source]
Ironically this makes the lands in the east more wild, because nobody goes into them, because they're so boring. There's also some quite large areas of Eastern state land that're really far from most people, and they're not tourists destinations, so they only get a few locals.

But the comparison between West and East gets crazier. In the West, people'll drive for an entire day just to get to one specific remote area. Whereas in the East, some untouched forest could be an hour and a half away and "that's too far." You could walk through a forest which is actually 3 different forests in a half hour, whereas out West it's just miles and miles of the same desert or mountain.

We don't really know how to appreciate nature unless it's a majestic overlook.

21. hatthew ◴[] No.45297124[source]
I was watching a video of someone walking through rural england, and he kept talking about the "great forest" up ahead that was a unique and massive landmark. When he eventually got to it, it was the sort of bog-standard woods that everybody on the US east coast visits to walk their dog.
22. JdeBP ◴[] No.45297685[source]
The U.K. does not have a right to roam. It's a sore point for ramblers et al.. The legal situation differs between England and Wales, and Scotland; and campaigners would like the Scottish right to be also available in England and Wales, which largely only has what is tantamount to a codification of what the common law situation used to be back in the 20th century.

And indeed in Northern Ireland, which has the most restrictive laws in the U.K. in this respect, even more restrictive than the current situation in England and Wales.

23. rtkwe ◴[] No.45301640{5}[source]
There are exceptions but most state land is more restrictive. It's tedious to always put the "besides some rare exceptions" caveat on every statement.
24. potato3732842 ◴[] No.45302399{3}[source]
I don't get why people do those sorts of things. If you own land your #1 enemy is the government. In that situation it behooves you to do things to endear yourself to the community, your neighbors, etc.