[ghusto]

We don't? I always thought we did.

You can put up a sign, but that doesn't change the law. It's like when people put up "Your car will be towed if you park here" signs where they'd _like_ you not to park, doesn't change my right to park there (does increase my chances of doing so though, because they couldn't just ask politely).

[lmm]

There's no right to roam in England & Wales in general; there are specific rights of way, but most land is privately owned and trespassing on it is illegal.

[Lio]

No it isn’t. Trespassing in England and Wales is NOT illegal.

If you’re asked to leave you have to but trespass itself is not a crime, it’s purely a civil matter.

See the opening sentence from the CPS website:

https://www.cps.gov.uk/legal-guidance/trespass-and-nuisance-...

[082349872349872]

The point of right to roam is it isn't even a civil matter: one can roam private land, and can't be asked to leave solely on that basis.

[Lio]

That’s true and it would be much better but we still have more rights than many people would tell you.

E.g. you have the right to “rest” on land adjacent to the side of a footpath or bridalway. Now the definition of “rest” is undefined because that’s how common law works.

So you can probably make the argument resting includes camping over night (when leaving no trace) until someone proves in court that it doesn’t.

Here’s another fun fact: you can also legally ride a bike on a “footpath” so long as you discount when you come to pedestrians. That one was clarified in Hansard but people blindly assume that they don’t have that right without checking.

The point is, things are usually legal unless there’s a law and legal precedent to say otherwise.

[egeozcan]

> If you’re asked to leave you have to

Really asking: Wouldn't a "no trespassing" sign be considered an ask to leave?

[DonaldFisk]

What if the trespassers just ignore the sign, and walk on/over the privately owned land without the landowner ever becoming aware of it? How could the landowner sue the unknown trespassers when there wasn't even any evidence of their trespassing?

[ttymck]

What about a security camera?

[DonaldFisk]

What about a security camera? What can the landowner do if they've already left the private land without committing any crimes?

[lmm]

"Not criminal" doesn't mean "not illegal". Breach of contract is a civil matter (in general) but it's still normally described and understood as illegal.