Open to all

The Swedish right of common access, which guarantees the possibility of passing through or remaining on someone else's land, may be traced back to the provincial laws of the 13 th century. Anyone passing through the land, which at that time lacked roads, had the right to pick berries, mushrooms or nuts for sustenance during the journey. They also had the right to stay overnight in a peasant's barn and bed down in the hay or straw for warmth. Travellers using horses or waggons were permitted to feed and water their animals.

The law was fairly detailed in its stipulations concerning what a traveller was allowed to do. The Vastgota Law, from the south-central province of Vastergotland, prescribed that a passerby was allowed to take nuts up to the thumb of one of his mittens, while in other areas, he could fill his hat. If he took more, or damaged trees and other plants on other people's land, he was liable to a fine.

There was not much competition for edible products from the forest in medieval Sweden. The forest had no great economic value and there was no organized forestry. For the most part it was arable land that provided for people's needs. In cultivated areas, therefore, the freedoms travellers or other strangers were permitted were more restricted. If anyone crossed another's land and damaged the crops, then they were liable to fines.

Old rules still apply
These fundamental rules still apply today and regulate the interaction of Swedes with nature. Everybody has the right to pass through other people's property - on foot, by ski, by bicycle or on horseback - as long as they don't do any damage or violate the landowner's rights by disturbing the peace and quiet of his home. This means that visitors to the countryside must keep away from dwellings. If visitors to the country-side show consideration, they are allowed to pitch a tent and stay for a few days.

The landowner has no right to exclude visitors to the countryside from his property. He may not set up fences that prevent passage without express permission, and neither may he put up signs carrying such messages as "Private land" or "Forbidden for unauthorized persons". If he wishes to erect a fence to keep his cattle in place, he must arrange for gates or stiles to allow the passage of others.

The beaches must be free
The owner of waterfront property is not allowed to build a dwelling or other buildings by the shore without the permission of the local authority. The fundamental rule of the Law Protecting the Public Right of Access to the Shoreline is that no building is allowed closer to the shore than 300 m. In this case, too, the reason is that people with no shoreline property of their own must have the opportunity to bathe or sojourn by the water.

The right to be on or travel across someone else's land is very strong. But it is important to point out that this ancient right only refers to individuals and families. Travel organizers have no statutory right to utilize other people's land without further ado by arranging group holidays in the countryside.

No motor vehicles!
It was fine to drive your horse and cart (with due care!) over someone else's land according to the old provincial laws - "due care" meant not damaging crops or disturbing cattle, for instance.

The modern prohibition on driving motor vehicles off-road may be regarded as a direct continuation of this tradition. Only when there is no risk at all that the land or the vegetation will be damaged are you allowed to drive in roadless areas of forest or land. This means in practice that cross-country driving is only acceptable when the snow is so deep and compact that it protects the underlying ground. The noise of motors increases the relevance of this prohibition. Both people and the animals of the forest have the right to peace and quiet.

The law applies equally to the owners of the land. The prohibition is general - the only exceptions being those who must go into the country-side to do a specified job of work, such as farmers and forest workers. But these too are obliged to show adequate consideration as they travel.