I stay in Scotland and had always assumed the right to roam also applied to gardens. I thought it was cool that the law would leave it up to individuals to be respectful, and not have to state obvious exceptions in its wording.
The law still does defer to folk’s common sense and decency (to not leave litter etc.) but today I learned that it does explicitly state you’re not allowed to just parade into someone’s garden!
On a sidenode, in Germany, where land is much more sparse, there are usually trespassing rules. First, if a land (public or private) is inaccessible, there's usually a trespassing note added to the land register, marking where either the public or the other land owner is allowed to walk/drive/pass through. The owner of the trespassed land is not allowed to remove or block these e.g. driveways.
Then there is the other case of large agriculture or forest lands. Without a specific reason, you are not allowed as a land owner to close this off to the public. Forests are to be held accessible to the public (e.g. for nature recreation), even if you own them. Even for farm land with animals, it is usually accepted that people (hikers, mountainbike etc.) pass through these. In case of fences for animals, it is also generally accepted to climb over these (of course, you're responsible for damage either to the property or yourself*).
And a last anecdotal note: I have a friend who hikes with a group of 3-4 people every year based on (pretty) straight lines through Germany. They usually sleep on the ground (without tents) wherever they are when night comes. This is often on private land. Their experiences were almost all positive, land owners even come to bring them water, to talk etc. Some first watch curiously but are fine when the story is told.
* There's a strange ruling that you, as an owner, can be held liable for people hurting themselves on your ground, even when they're (e.g.) thieves trying to break into your property. I think this ruling is created to prevent land owners creating traps, where children can fall into holes etc.
Freedom to roam does not need to be freedom to enter people's garden. At least in Norway, the law requires you to stay a minimum distance from dwellings, and has a variety of requirements to ensure you're not a nuisance.
There are many possible tradeoffs there other than specifically the Norwegian or Swedish variants to allow most activities unhindered without affecting landowners much.
Have you ever walked in British countryside? There is already limited right to roam and people are generally courteous about walking through people's property, shutting gates etc.
Switzerland here: depends what kind of property. A large garden? The owner will likely call the cops on you for trespassing as soon as you show up (and they will come). A meadow some place up in the mountains? The rule is you camp after sunset and decamp at sunrise, but as with every remote place, if nobody sees you... Picking berries the same: it's stealing (Mundraub, yes in CH is still illegal) so in the smaller garden you'll be seen and probably reported but otherwise you'll be luckier.
Would a person then be entitled to wander around your property looking for you?
In the UK, they sort of would. You can wander onto most private property until asked to leave, as long as you do not break anything. Only if you then refuse to leave is there any issue for a court or the police. Of course, if you just wander into someone's house and they attack you as an intruder, then you are not going to get much sympathy, however just the act of trespass is not inherently illegal. Other than in Scotland, where it gets a little more complex, on open ground I think trespass is criminal but defined as breaking camp, so walking around is still fine.
NYC resident here, this is simply not true. Yeah of course there are gardens and bushes that are fenced off but most of the grass and dirt you can walk and lie on if you wish.
There is a traditional free right to roam, but it does not extend to gardens and areas next to houses. Outside of that, it is rather permissive.
Back on topic but still in Sweden: more or less all shortcuts in residential areas are closed, either by physical barriers, or more commonly by official signs forbidding pass-through traffic, and they are typically respected.
What you're describing (someone entering your property, having their lunch in your garden and cleaning up before leaving) meets all the elements of physical trespass if the owner of the property didn't grant permission, and is unlawful. Now, the damages might be minimal, but it's still unlawful.
In the U.S., property law is about the right to control access and use -- harm is a secondary concern.
> Freedom to roam does not need to be freedom to enter people's garden. At least in Norway, the law requires you to stay a minimum distance from dwellings, and has a variety of requirements to ensure you're not a nuisance.
Keep in mind that 'right to roam' applies to unimproved and (some) agricultural land, and roamers can't disturb the right of enjoyment of the owner. This isn't your normal urban backyard.
Its more like someone walked through the parking spot that you paid to park in on their way to somewhere else.
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