Jokaisenoikeudet

Two years ago, I was a bit bereft because a British court had decided that private property bested the common good w.r.t. the right to camp on Dartmoor. 

When I was young, I had  a six month gig delivering books to primary schools. I had to cover a certain number of schools each week but how, when and in what order was up to me. I found that 3½ days "work" covered the modest requirement. For the rest of the week, I had wheels and a per diem and could do whatever I wanted. One afternoon in February, the sky was without cloud and the sun was high so I parked the van at Two Bridges in the middle of Dartmoor and strode up over the moorland.  There was nobody about, so I stripped off most of my clothes heading for the appropriately named menhir, Beardown Man. On the way back I poked about a bit in Wistman's Wood. I was too young and ignorant to really pay attention let alone properly understand why the wood was special nor appreciate just how privileged I was to be busy doing nothing midweek. 12 years later, the rights and privileges of Joe and Josie Publick were codified in

Dartmoor Commons Act 1985 [full text pdf]

The ruling by the High Court that made me sad two years ago was reversed by the Court of Appeal. Last week the UK Supreme Court UKSC doubled down on the intermediate court to conclusively allow wild camping on common land owned by someone with a lorra money: Darwall and another (Appellants) v Dartmoor National Park Authority (Respondent). I've given tribs to the efforts of the UKSC to make their definitive findings readily available to ordinary people. The judgement is always on line in full. There is a two page Press Summary. There is a ~10 minute youtube video (with transcript) of one of the Justices explaining their thinking. In this case, as many others, the UKSC digs out the relevant Acts of Parliament, weasels out the key paragraph - sentence - words - and decides whether they mean This or That - delighting one party to the dispute and plopping the other into a slough of despond. Obvs! it is section 10(1):
B. Provisions concerning public access to commons 

10( 1) Subject to the provisions of this Act and compliance to commons. with all rules, regulations or byelaws relating to the commons and for the time being in force, the public shall have a right of access to the commons on foot and on horseback for the purpose of open-air recreation; and a person who enters on the commons for that purpose without breaking or damaging any wall, fence, hedge, gate or other thing, or who is on the commons for that purpose having so entered, shall not be treated as a trespasser on the commons or incur any other liability by reason only of so entering or being on the commons.

Just in case you get caught in a parallel case later "open-air recreation" includes camping, yes, but is not prescriptive about what folks do to get their jollies. The Judges hope, assume and expect that the Dartmoor National Park Authority will, using good judgment, regulate matters by bye-laws. Don't expect to be able with impunity to buzz folk with drones; set loose your ill-trained dog; or host a concert. But you don't have to ask Mr & Mrs Darwall's permission: they may own the land but they don't regulate the recreation on it.

Stop Press: the morning after I wrote all about theoretic wild camping in a different country, I went for my reg'lar daily yomp up the hill . When I approached the first flat part of the path after the mountain gate, I saw a flash of red stripe and assumed it was a discarded walking pole. Turned out to be the zipper of a tent which was otherwise camouflage against the dullish green background. When I realised that the camper was not sleeping, I called a cheerful 'morning' and powered on past. 30 minutes later I had to go past again and a head popped out to chat. Thomas is a french truck-driver who is having a gap-Summer to walk round Ireland [Dublin - Cork - Galway - Belfast] mostly by designated long-distance footpaths like the Wicklow Way [gregoprev] or The South Leinster Way [whc prev with wild camping].

Time was passing and he needed to get packed and gone, so I took my leave. As I left, I said I'd show him some neolithic petroglyphs [his word] if he was interested when he went past our gaff on his way South. A while later, he arrived. He left his pack [17kg!!!] in the yard and we caught the Ringstone at peak visibility as the sun shone obliquely across the face. Afterwards he accepted a cup of tea, a fill of his water-bottle and a single flapjack before going on his way. Such an open disposition in him; the kind which rains down blessings of hospitality and kindness. Bon v'yage!

 * Jokaisenoikeudet n. Everyman's Right to roam the wilds of Finland. Included is the right to forage for berries and fungi and whatever else you fancy eating. When I was visiting my pal Heikki in Helsinki, he gave me a pair of scissors and told me to come into his back garden and help him cut nettle-tops Urtica dioica for lunch.