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Hi @BlackBeltBarrister, kind of on topic with the earlier bit, could you cover Compulsory Purchase Orders, MOD possession orders, and other relate stuff, and who gets what rights for whichever situations, etc., etc? Many thanks.
Hi @BlackBeltBarrister, love your channel and videos, please could you put a video out on Noise and light pollution, particularly dog barking including constant barking, barking for a short time that occurs regularly and non regular bouts of very loud dog barking. Noise Abatement is a lengthy and unfulfilling process, so how does an individual go about a private prosecution for these cases. Thank you.
I dont care what they consider are offensive weapons,A weapon is only offensive if you use it to attack.Otherwise it is a defensive weapon.Try to list the things in your home that you could use as offensive weapons,or defensive weapons?An iron that you use to iron your clothes,has been used as both,many dead from being wacked over the head with an iron. Its not illegal so far as i know to go from A to B with a very sharp carving knife,because you go to your fiends house to cook dinner for them.And you prefer your own chefs knife.Ultimate offencive weapon,with UK no gun access for most.The car you drive,or van or truck,yet these are not regarded as weapons.But they are a far more devastating weapon,Than a gun a bow or a knife..There is a very clear definition,between offensive and defensive weapons.It is the clear intention to attack,then it is an offencive weapon.But if a weapon of any kind used in self deffence,To save yourself,you have a right to self deffence,You do not have to lay down and die.I have never in my life used a weapon offenecivley.Why do i have these views? In 2010 sept,my first born daughter,sarah louise hines,And my two granchildren i had not yet met,Reece and amy,were murdered in a blood bath,with knifes and screwdrivers,Its my fault i was not there.The killer gets 15 years one life sentence for killing 4 people,The other girl killed was my daughters best friend.He gets out soon,Either i find him,or my sons do.Then yes 100% on the offensive,To save my sons.Do i forgive the killer?Yes when he is dying in front of me.I want to kill John geary.I am a nice guy but i do not forgive what he has done.
Superbly explained my good sir. It's one of the most common questions I receive and I am definitely not as qualified as yourself to answer. Many thanks for the shout out. It's much appreciated. Keep up the great work and good luck with the channel.
My understanding of this advice is that you, Paul Mesner, may need to consider editing some of your video advice, such as that suggesting how wild campers could avoid the landowner or their agent exercising the legal right to prohibit such camping on private land, albeit open access land..
Glad to be introduced to you sir, access to the common land etc has always been a riddle for me with bylaws etc, I've walk/hiked many a mile across the northeast/cumbria/lakes, I'm a Durham Lad, I was also brought up as a poachers lad, for the pot only, so I obviously know how to go unnoticed which stood me in good stead when I became a soldier, ex LI, so it's basically off grid for me, I've took my lads as youngsters across the dales/Fells, I learnt them at a early stage not to leave a trace, poachers bible. Just subscribed, thank you for your effort sir, I will share.
Stumbled on your website and Wow! You certainly have the skill to describe very well the essence of the law in user friendly terms and to provide links to more detail that need it. Many thanks for dedicating your time to providing this unique set of U tube videos - much appreciated!
I’m really interested in what it means ‘to camp’ in a legal sense. For instance would laying out a sleeping mat and having a little snooze in the afternoon considered camping?
@@Clan501-Scotland But English Law was exported around the world, not Scottish law. 'England' and 'UK' is used interchangeably around the world whether Scotland like it or not.
@@Jin-Ro Not far off mate, in the western judicial systems the majority of the courts are run by a type of Roman canon law. It’s designed to persecute and extort the common human by using false legalities.
English, not UK. The UK doesn't have a single legal system. Scots law is entirely independent to English law. Northern Irish law is independent of Scots and English law. Only England and Wales share the same legal system, but even that is beginning to diverge. And when you say 'exported', you might have been better saying 'imposed upon'. Plus, there are places where Scot legal terms and principle exist, such as culpable homicide in South Africa and various issues in Canada.
I do wild camping in wooded areas but always with the land owners permission. My motto is, take nothing but photographs and leave nothing but footprints. Great video.
i do too. common land is my thing without perm. also shoot slingshot and airgun in common land too in a safe and orderly fashion regardless of the law.
I love wild camping. I always see land unused, untrodden and miles away from the nearest building and feel no shame in choosing to camp there (leaving no trace). It's hard though - never underestimate people's ability to go anywhere. Often I'll be low-profile, camouflaged, nowhere near a walkway and quiet, yet still somebody will come accross me. Usually it's dog walkers, but often also it's some farmer with a stick up their arse even though really I'm doing no harm and causing them no loss whatsoever. I used to walk to the nearest building / house and ask permission, but in dozens of tries never got a 'yes'. Farmers and the landed gentry generally hate anyone who isn't one of them, I feel. They always just look at me like I'm mad / a threat, get defensive and annoyed that I'd even ask permission to camp on their unused, unloved and pointless land and then usually 'escort' me menacingly off their property in their 4x4. So now I don't ask and if I get rumbled I'm always ready to move on and always have a 'plan B' marked a little way away. I just look for a field with uncut grass and no tyre tracks and plonk myself in the corner next to the hedgerow and set an alarm just before sunrise.
Totally agree, moved to the country and asked the local landowner if I could metal detect in his disused woodlands and fields...the guy was so rude and offended that I even ask, should of seen the look he gave me it was one of pure disgust. I would of left no trace and taken litter I would of found with me, I would of been an extra pair of eyes looking out for his land and livestock, I could of even alerted him of local fly tippers causing him problem's....but instead he chose to be a dick and instead I'll never give a shit about his land or livestock. 🖕
@@spfbaits then he was absolutely right not to give you permission, why should he let you have any treasure on his land, if you want to metal detect go buy your own land
@@WSMITHify there are laws around detecting on others peoples property which would protect the land owner in case of found items. I would assume that since they knocked on to ask permission that they would also inform them of this. Many hugely important historical artefacts have been found this way.
Thanks for your efforts is good to have a youtube channel covering law, the law isn't very accessible to people I feel. Any chance you can you do a video on camper vanning and our rights regarding where we can stop and camp sometime?
Thanks for the info . There is a large community of people who are living in vans who do so to save money . Tour the country . Live sustainably. To not be homeless. Live within there means. And enjoy a low impact nomadic lifestyle . Now these vans are these peoples home's They are not technically travelers in the traditional sense . And the vast majority of the community live the leave no trace lifestyle . Often cleaning and litter picking the area that they spend the night in So with regards to the modern community of "vanlifer's" Where do they stand with this new tresspass law and sleeping in there vehicles in say public carparks laybys etc for a night or 2 ? After all if there is a new power to seize vehicles ? These are people's homes with litraly all there life and possessions inside making them then rough sleepers and truly destitute and homeless . These Maybe people who have to travel a lot for work or lorry drivers who spend so much time away from home there is no point in having one . Or nhs workers on low income who can only afford to live like this . Surely in these cases there home's cannot be seized or taken ? And it can't be a crime to not afford to live in a house ? Or to reside in or sleep in vehicles ? Or what's the point of a motorhome or camper van ? Is it illegal to sleep in a layby if your tired while traveling a lomg distance to a holiday destination ? There are probably tens or thousands of people who live low key like this who are desperate for calcification . Could you please help the "vanlife" community by giving us some calcification please . We would be eternally greatfull . Regards Steve .
I get why people do it - if I didn't have kids I'd do that, or live on a boat! Then again, if it were totally legal you'd have way too many people doing it, clogging up laybys, industrial estates and car parks in and around every major town and city accross the country. The other issue is it would be open to travellers and working, tax-paying homeowners wouldn't want them legally squatting in their area, for obvious reasons.
@@duplicitouskendoll9402 there is always a bad element to every community but there are already thousands and thousands of people living this lifestyle for the fore mentioned reasons who go largely un noticed as they are respectful tidy and clean . But for a complete lifestyle to become illegal overnight ? Imagine if it suddenly became illegal to sleep on a boat or marrow boat this amounts to the same thing . And surely the hole point of campervans motorhomes and caravans is to sleep in them so is touring holidays in the uk now illegal ? So Boris and Doris in there 70s pull over for a nap on a long drive in there camper what could be wrong with that ? Oh wait it's illegal to sleep in a vehicle . So sorry Boris and Doris you're now likely to be fined imprisoned and have you're campervan impounded at expense to them . Surely this can't de right ?
@@stevehlife4933 I agree. I so often hear "Well obviously you want to keep travellers out" sort of things, as if they're intrinsically bad somehow; but from what I see, they're just a people whose way of life has been pushed to the margins so they're desperate and probably more than a little annoyed with those who have pushed them to the margins... They pay their taxes, so why can't we "decriminalise" nomadic living, creating rights to do so in a way that is sustainable and doesn't clog areas up, providing sufficient parking and facilities for them to not be having to compete for space, and in doing so make life easier for Boris and Doris in their 70s or long distance lorry drivers and so on to legally rest, too?
Hi as I understand vehicles (plus MOT if required), insurance and driving licenses need to have an address, which all match and the vehicle should be parked at as stated on insurance on drive, garage or street, most of the time or your insurance is invalid. If you don't have correct documentation police have the right to impound your vehicle. I could be wrong, let me know if you can prove otherwise
A question arises. Is there a legal definition of “camping”? The dictionary definition seems to suggest that it’s something done in a tent. An overnight in a bivvy or hammock might not be thus defined as camping?
I recently camped on land which I did not realise was private with no camping. The owner spoke to me as I packed up, and we had a lovely chat, I was very respectful and apologised for my ignorance. She actually did not mind me camping as she noticed I left no trace and fully appreciated her rights! Amazing what you can get away with, by being respectful and nice! I left no trace! Thankyou BlackBeltBarrister for the elucidation!
Would be interested in a video about camping in Scotland because the Land Reform Act 2003 effectively made all land open access and unlike England and Wales, the lease holder has to refuse camping otherwise its legal everywhere (within reason).
Thank you for this channel. Many of us outdoorsy types have needed some legal clarification on these matters. Others of us need lawyers, guns and money :)
This is perhaps the most lucid decoding of a complex legal issue I have ever listened to. Brilliant stuff! How about an explanation of adverse possession, trespass, etc?
Thankyou for doing this. I was never sure what the UK law really was as it is so developed. I just did my best and hoped that was ok. Now i feel more comfortable with what to do in the UK so i keep my liberties. Thankyou.
Good info! I think it is in a good situation at the moment because if it was made legal, the mess around the countryside would be terrible from what I've seen in popular locations. I recommend taking a bin bag out everytime you go so you can leave places cleaner than when you arrived. If you're camping with litter picking intentions, you are likely to gain a more positive outcome. Please exercise caution when litter picking and ensure you have the necessary safety equipment and avoid picking any suspicious/unidentifiable objects, particularly in military training areas!
The foundation of the National Trust in the UK in 1895 was predicated on a desire to prevent millionnaire industrialists from turning the Lake District into an exclusion zone with no public access to land and lake shores or sea shorelines. My impression is the enclosure of private land and the reduction of permissive access by fencing and the erection of " no entry" signs has gone on apace since the 1960s. Whilst I may heartily disapprove of this trend it is unfortunately the case that littering and general lack of respect for land and property ( uncontrolled dogs are a particular problem) has, in my view influenced landowners actions. In the Dales I am seeing new fences go up every year on land excluding people, where public usage was previously tolerated, even though not as of right e.g. paddling and picnic places by rivers. It would seem the freedoms I enjoyed in the Yorkshire Dales as a child are slowly being withdrawn by the increasingly proprietorial attitude of property owners. Amongst my childhood peer group I am not the only one to notice this trend.
An exception to the general rule that wild camping is technically illegal in England and Wales is in Dartmoor, where it is allowed. However even there, parts of Dartmoor are used by the MOD for live-fire exercises and so are off-limits at certain times. All very complicated!
I know it's legal in Scotland to camp anywhere we want as long as it's not fenced off, I just did it in Kinloch Ranoch, Glen Lyon, Kenmore, ect. The forestry commission actually drove past and came over, probably because of the campfire but while they gave advice they still admit it was my right in Scotland to wild camp. If it wasn't for the Scottish government we'd still be in the same position as England who favour the rich, the royals, lords, the elites ect when it comes to land.
I've never had a problem with wild camping in any country - discretion is the key. (I even camped accidentally in a US military training area, but they didn't see me!) But I almost never make a fire, the smoke can be seen in daylight, and the flames seen by night - only in bear or insect country, as I don't want to bring attention to myself from anybody.
Who has control over land below the High Water Mark. Can you be prosecuted for walking. swimming, bike ridding beyond that point. If a council bans dogs on a beach, at what point does their authority cease?
Excellent videos,can you please do one on this 'Common law' thing ? the subject keeps cropping up but we cannot find out much reliable information on it,thank you for your time in producing these.
I think more information would be needed to give a useful answer to this question. Common Law is a rather large topic. Do you have a specific context where it pops up or an example to critique?
mr.barrister,Can you tackle this one?. Relating to laws remaining today from the middle ages! That there is still a law that on every sunday,Englishmen of fighting age,Must report to somewhere on common land to practice their archery skills,so to be ready,to fight if need be for defence of the realm. Another law attached to this one is that still today (This law has never been repealed!,although some modern laws,restrict it,in some public places). That is that every englishman has legal right to carry a bow and a quiver of arrows.I myself have exploited this law,As i am an archer.I have carried a bow and arrows,for example from one town to another,And only one time did i get a small problem.where police were waiting for me when i left home and went to my car with my bow and arrows,bow and arrows over my shoulder,so the police officer asked me why do i have a bow? I repleid because i can,its my right. And i mentioned this english law. He said yes you can carry your bow. the officer said"" I just want to know who you are,because if anybody gets shot with a bow we will know where to come"". Of course i knew modern laws because it is actualy a weapon, it would not go down well in a high street,or shopping center .What i am saying is few know this law still exists,some police obviously do,or maybe the officer did some research before he was sent out to talk to me.I am talking about open carry of the bow and arrows,because if it is concealed I may be in breach of modern law,by carrying a concealed potentialy offensive weapon. but maybe not as it is allowed to carry an air rifle in a case,or bag,from A to B,so long as it is not loaded.But still exeptions for some public spaces TOPIC: AN ENGLISHMANS RIGHT TO OPEN CARRY HIS BOW OF ANY TYPE FROM MODERN TO A LONGBOW,WITH A FULL QUIVER OF ARROWS! ???????????????? :}
I think the law is that you can be arrested/prosecuted for using a bow anywhere that is within 100m of any public place(including private places where the public pay to enter) technically. The Medieval statute is long lapsed & superceeded by offensive weapons laws & the supposed validity in law of the old statute is an urban myth. Carrying archery gear "concealed" in covers, bags, cases etc is very much required so as not to make others fearful or threatened.
found your channel after you were on Charlie's channel, loving it great very helpful content! would love to hear about how this new trespassing bill affects us
One thing that seems to be missing is a definition of 'camping'. One I have read is 'overnight stay in a shelter'. 'Night' is elsewhere defined as 'dusk to dawn'. So, if you arrive after dark, you are not staying 'overnight' (over = more than). 'shelter' is also open to interpretation. What law do you break- criminal? If so, all homeless people are committing an offence every night. As a software engineer, I am shocked at how badly most law is drafted. It is edge cases that will stress code, and precision is crucial.
Also, as well as 'night time' and 'shelters, there's also 'sleeping'. If I was in a bird hide overnight photographing widlife or the stars on open access land, that would be fine, but if I get tired and catch a few zzzs it's suddenly 'a tent' and frowned upon. There is still no definition of 'camping' that's watertight really. You could sleep on a blanket for 12 hours on open access land as long as the sun is up, but catch an hour in a bivvy bag at 2am and you are an outlaw. It's not been thought through properly, and is full of prejudice - like so much law in this country.
@@CottonBud Is sleeping an essential part of 'camping'? Falling asleep is not a conscious act, so, if a criminal act, intent would have to be proved. You have to intend to act for the act to be illegal in most cases.
@@Tensquaremetreworkshop I suppose the premeditated packing/setting up of a ‘sleeping bag’ and ‘sleeping mat’ could imply intent ‘to sleep’? It’s all daft. It’s like the criminal justice bill - legislates against people gathering to listen to a particular genre of music, where others are fine. It’s at best snobbery, and at worst a kind of cultural fascism. My own opinion is that wild camping should be as in Scotland, but that a wilderness licence should be obtained by individuals, involving passing exams. A yearly ‘wilderness tax’ should be paid to access certain areas and this would pay for more rangers to check that only licenced users are accessing the wilderness.
@@CottonBud Interesting concept. I have a distrust of 'licenses' that involve tests - who tests the testers? Should people who have not passed the test (because they set it) decide who passes? The principle is 'every act is legal except those specifically forbidden'. So why not a cost benefit analysis of every law before it is passed? We have had 1000 years of almost continuous legislation, adding to the list of things we are required to know and obey. Very few are rescinded. In a split second you may have to weight the validity of all those laws before taking an action, which afterward will be examined at leisure in a court of law by experts looking to find a flaw in your decision. This is madness. Did you know, for example, that a peashooter is a section five firearm, possession of which results in a mandatory 5 year prison sentence? It is caught by the blowpipe legislation (see the wording of that statute).
Very interesting, curious though, what is the definition of camping, putting up a tent or for example staying in one spot overnight under an umbrella ?
Thank you very much for your clarification on this subject. I am grateful. I have subscribed to your channel and will be watching you past videos. I wish you the best as you continue your channel.
You have no idea how much info is required to inform you of your rights. You need to listen to learn but if you're just looking for the end note why bother watching the video anyway? Lawyers are not politions they are the only people who beat around the Bush to just answer with one word, this is real info, good info. Don't underestimate it
I have seen farmers plant trees on their land in order to be able to declare it as woodland and therefore no longer open access. There is a walk in the Yorkshire dales that has a toll path. They were a bit put out when parts of the walk became open access land so people could walk their path for free. Fortunately for them, large parts are also woodland so were excluded.
Nice summary. My personal gripe, which you've addressed elsewhere I think, is the definition of a non-motorised bicycle as a vehicle. Times change, as do recreational activities. The law is currently not upto date with the riding of bikes on open access footpaths, as a differentiator to footpaths adjacent to public roads. It's tolerated in England in the main, and allowed in Scotland and Wales. About time England is updated. Never had any real issue. I predominantly ride on the moorland of the West Pennine Moors which is mainly 'owned' by United Utilities. Always give way to walkers when on footpaths and normally no problem. Get the ocassional jobsworth hiker normally touting ski sticks. If they persist I ask them to produce their UU identification.
@@5ynthesizerpatel Yes I know. Problem is that many bridleways are connected via open access footpaths, though they all look pretty much the same. On the whole no one bar the ski walkers care. The law needs a refresh though to bring it in line with Scotland.
I have done loads of wild camping. Basically it is not safe to ask, as, to describe it the soldier's way, "once you are in your maggot you are vulnerable". The simple tests for a suitable camp place are these: 1/ Is the place properly fenced in ? If it is not easy to get in, then do not go in because it is defended. If it is easy to get in, then it will not be defended, nor probably even be patrolled. 2/. Can I tuck myself out of sight ? You are looking to be away from the beaten track, and in some sort of dip so that your camp and any lights cannot be seen. Then 3/. So as not to be accused of vagrancy, if challenged you need to be polite, unthreatening, clean, and to use the vagrancy act description "able to give a good account of yourself". This also includes doing no damage and leaving no sign.
What is definition of camping? Camping means the erecting of a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home or trailer, or mooring of a vessel for the apparent purpose of overnight occupancy. So if i just lie down and go to sleep and happen to stay asleep all night . then that's ok ?
My opinion is that this needs to be amended. It needlessly restricts camping. I can understand why it is desirable to "leave no trace", but we don't have to relegate camping to merely being "tolerated" in order to achieve that. Back home, I went camping once in a natural reserve. When we got to the designated camp site, the warden in charge of it greeted us. He told us exactly where we were allowed to camp and where we were allowed to build a fire. He also told us that gathering wood was strictly forbidden, even if it was dried branches that fell on the ground. If we needed firewood, we were to come to him and request it, free of charge. I see no reason why such a thing could not be implemented by national parks. Have designated camp sites where wardens control camping, and where people can have campfires in a controlled manner, without hurting the environment. This would encourage more people to visit the outdoors and to get to know nature. Ultimately, that makes people invested in nature, and as such take the preservation nature in a more personal manner.
Another fascinating video, historically correct too! Could you please do one on court procedure and history of wearing ‘the crown toppers’ wigs etc I know a bit but it would be interesting to know all about it. Thanks
I am happy to have.come across your video. I am not a practicing solicitor and certainly not a barrister. However having attained an MA in 1974, I was.granted a scholarship (paid for by my empower,) in 1992 to study for a second degree in Accounting and Law - part time and using what was called distant study modules. I didn’t think I would enjoy the subject’s, but it was very useful to my advancement. What surprised me was that I found the required subjects much more interesting than I would have imagined. I did not think Accounting, economics would be interesting Acts, regulation and the use of language there in- many of which may be interpreted according quite differently in the Judgement relation to action in courts.
We must always remember these places are (National Parks)....set out and fought for by our ancestors....so that the future Nation-Generations could enjoy them....if we do it in a responsible way there should be no issues at all be you wild camper or hiker ect ect ect....people need these wild places for there well being and mental health.... to restrict access and put up barriers and offputting signage to these place's is the very act of tyranny itself and is a crime against humanity itself....it should be stamped out immediately !
Its the confrontation I'm worried about. If someone rudely speaks to me about getting off the land, that will only escalate things with me being highly defensive.
If they aren't the landowner then just tell them that if they have a problem with you then they can contact the actual landowner about it. I completely understand what you mean though. I can be pretty socially awkward at the worst of times so in that situation I'd probably instinctively go into defence mode just like you. But really, unless you're damaging the land then somebody who doesn't legally own any of it should mind their business or take it up with the owner.
i had a farmer approach me with a gun on on shoulder, summers evening next to a river at corner of field out of the way. before finding that place i ended setting up camp in someones back garden even tho it was the river bank so moved over to the farmers field as time was getting on. i chosen the river because a small fire any traces would be gone on next rain, same i always did in wales growing up but at a much smaller scale in Warwickshire, the farmer explained that he had issues with school kids littering and causing damage the previous times they camped, i explained that its only me what is staying over night, a barbecue and then a small fire for light and explained the plans i had in place to leave place how i found it. he understood, but said to keep fire small in same location of barbecue so only one small area of burnt grass. i removed all un burnt wood to woodland the next morning, and taken everything with me attached to my bike including the throwaway barbecue . last time i went back things are just fine. as long as you can show you have good intentions and maybe let them know how you plan remove the rubbish then i think you have a better chance, or even ask farmer where he thinks is best close by is a better place for the farmer. my advice always have a plan a b and c of locations in the area you want to camp and setup early so if you have to move it not so bad
You mention land in 'England' as owned by the crown. Yet it's my understanding that land in Cornwall is owned by the Duchy. It seems to me that a person owns nothing but the clothes on his or her back, unless you have an ancestor that did Bill the Conqueror a favour, it's wrong, very wrong.
Not a question about camping but something I noticed in your video. The bit about not having any animal except a dog. I fly eagles, obviously I have to have permission from the landowner to be able to fly the bird loose. Once the bird is loose, I cant really stop it from going off permission, I've always understood the right or way access allows us to retrieve a lost bird, so long as we leave any kill we may find the bird with on the owner's land. I would always try and find the landowner if a bird is away from right of way paths but this sounds like as soon as I retrieve the bird and I'm carrying it, the law doesnt allow me to be on the right of way paths.
I would think it unlikely to cause you trouble as like you said you are being as careful as possible. There may be another law that assists you. Remind me to look for it!
Thanks for your reply, I would always try and find the landowner if I can, I believe because the birds are considered property they are obliged to allow us to retrieve the birds. Its very seldom you'll get someone who's unreasonable, generally they are quite helpful and its not unusual to be invited back to fly in future. I just didnt realise that the right of way laws specifically excluded any animal except a dog, I know quite a few moochers who consider those yellow triangles to be their permission markers :o Unfortunately you really cant risk taking liberties if you fly schedule 4 birds.
As an aside, is there any chance you could do a video on strict liability? Its something they have in the wildlife and countryside act, never been able to get my head around it, does it really mean you're pretty much guilty unless you can prove you're innocent? I get people bringing me injured birds they've found and all I can do is send them to a vet because the strict liability in the W&C act mean I could lose my eagles because someone brought me an injured buzzard that I dont have paperwork for. Get caught with a wild bird and I automatically get banned from keeping schedule 4's
Thank you for this in depth video, I have a fundamental question , what is the legal definition of “camping” . For instance if I park my camper van on open access land but stay awake all night is that camping ?. Do I actually have to fall asleep, do I have to cook food or wash to be camping. I have been accused of camping whilst parked in my camper van near a beach waiting for the tide to turn at 4. Am fully clothed and awake, Is there a legal definition and does it matter?. Thank you.
Thanx daniel, very interesting, as always! When you said ownership is with the Crown, rather than the queen,is that not , the Crown corporation? I honestly believe that the planet and all of its resources, belong to all of us and should not be owned in this way!
The bottom line is: Don't frighten the horses, and don't shove people's noses in it. I have wild camped for years and one of the 'secret' rules is to take a gardening trowel with you and bury your body waste in a hole military style. (dig a hole, poo in the hole and cover it up.)
You can imagine as a landowner how infuriating it is to have people literally s****g all over your land. And strewing it with loo-roll into the bargain. So, yes. Very sensible advice.
@@sirrathersplendid4825 thousands of people descending on an area and doing, that really happens. Irish travellers ripping out bollards to get on land and shitting and dumping huge loads of waste. Happens all the time but we can’t tell the truth because WOKE.
Can the Crown take your freehold off you any time they wish?? I know sometimes this happens for widening roads etc and they will compensate you but can they just take your land?? Also, if the country falls into debt to another country??? thank you and listen, you are a little god send, many people cant get access to an honest educated person of the law, well done you ⭐🌟💫
So glad my local national park is Dartmoor where the Dartmoor Commons Act, 1985 allows wild camping provided you observe the rules stated within the bylaw!
Good morning Sir from far away. My question is whether the Landowner or Ranger or whoever wants to move you on from camping on the said land, has some degree of Duty of care, ie I am too tired and disoriented to move on Sir ,It seems to prevent my death or serious injury I have to sleep here. if for this reason one of my party or myself were to die from this move on instruction, would the Coroners court see some form of guilt directed at the Owner or his representative. Please forgive me how I worded this but you get the jist I am sure.
I seem to remember something on trespass. Am I right in saying you cannot be prosecuted if you go onto a field and walk around the edge without causing damage. Am I right?
Would it be possible to do a video about 'Tomlin Agreements'? My siblings & I have been made to sign one of these regarding our deceased mothers bungalow and the person living there who has rent free lifetime occupancy. His daughter has gained power of attorney for him and is refusing us access to inspect the property even though there is no such provision in the Tomlin barring us from inspections. She has started sending us quotes for vastly overpriced unnecessary works on the property. Last year we received a bill for £3,100 to replace a like for like central heating boiler which should have taken no longer than 4 hours. We recently found out the boiler cost £965 & the current UK hourly rate (2021) for a plumber or gas fitter is £40-£60 making it an average of £50 per hour, £80 in London. She's now demanding just shy of £20,000! The Tomlin agreement states 'reasonable & necessary maintenance works.
In subsection (7) it states that it binds successive owners and is irrevocable. What would be the situation if the new owner was a bona fide purchaser for value without notice? Would the new land owner still be bound?
The Law of Property Act 1925. Remember it well. It was being confronted with this, as a law student at UCL, finally convinced me that I didn’t want to be a lawyer. Layer upon layer of different levels of rights in real estate. Awful. But a source of great wealth to solicitors with extremely high boredom thresholds. Almost as good as being a tax lawyer like my old friend Mike Flesch
Sorry to hear. You could not Finnish the course. I found Scientology very helpful. There's a course, in The Church of Scientology. Also known as the Scientology Organisation. Which. Is called The Student Hat. The concepts are: The misunderstood word. Too steep, a study gradient. And a lack of mass. This gentleman, had made the subject interesting. However. It's easy to get annoyed with law. Actually. I twigged on today, that. Actually. I feel attacked by restrictive laws. What a privilege to be able to study the law, and have a hope, you might profit. Maybe instead of too steep a study gradient. It was too shallow ! You needed a steeper hill to climb, to stay alert. Interesting comment. Thanks, very stimulating.
Eh? I never intended to be a lawyer, but my father, a barrister, wanted me to read for the bar, and I was a respectful obedient youth. He should have known that I was temperamentally unsuited to a career in law. I wish now I’d read Eng lit - my best A level . But you are absolutely right ! It’s a very useful discipline to have studied, it’s stood me in good stead as a citizen, a producer, and as a drop out! th-cam.com/video/54iJTO7l--k/w-d-xo.html Best wishes John Lawrence Ll.B (hons) Lond
Have you looked into the use of the waterways? It’s often discussed in my circle with no clear line from the law being recognised. Rev’d Dr Douglas Caffyn did some investigation in the past.
In Scotland you can walk almost wherever you want. No one can stop you from exercising your access rights. It is infinitely freer than the USA when it comes to freedom to go and travel where you want. Depends what your priorities are, huh?
@@mikemiller5637 What if you want privacy? In general, that's tough. You can't walk through the curtilage of a house - which is a legal term and not always easy to precisely define, but in most cases it is the formal garden area immediately round a house - and that's to afford domestic properties privacy in their immediate setting, but other than that, you can walk where you want to (with a few limited exceptions, like military bases, zoos, golf courses when games are in play), so long as you're doing it responsibly. So if you own a farm or even a house with huge grounds around it, people can walk over much of that land without your permission, so long as its not the garden immediately surrounding your house, it's not fields planted up with crops and they're doing so responsibly. That's just how it is here. It's been like that for a long time. And the vast majority of people are fine with it. The USA trumpets freedom of speech, in Scotland we trumpet freedom to go where you want.
@@StrathpefferJunction that’s definitely interesting. As an American I’d be worried about someone hurting themselves crossing my property (I have ten heavily wooded acres), and being sued for negligence. Maybe you guys are less litigious.
@@mikemiller5637 we're less litigious, but if you own a piece of land with trees and a public right of way through it, You will need to maintain the trees and have public liability insurance, just in case someone is injured by bits of tree falling on them. We are becoming more litigious every year though.
Simple answer no wild camping in Uk, land owners will do everything they can to stop this sort of leisure. Land owners do not want people camping on their lands they will put big intimidating signs “Private Property” , “no trespassing “ etc. So many shops selling outdoors equipment but nowhere to use it.
If one wants to be free to roam and camp, it is necessary to know these laws, if a little frustrating sometimes, then one can relax while out and about. But if one owns land, it gives one the right to protect one's property from people who aren't careful or respectful. Interesting that even owning one's own property, one doesn't own the land it is on, and cannot automatically do what one wants on it. Common Land rights are also interesting.
Don’t get caught. If you are in the mountains of Scotland or Derbyshire Peak District, or even a big wooded area next to the motorway, don’t get caught and if you are stealth camping in the trees next to the motorway and the only thing next to you is fields the only person who would come and ask you to move on is a freak needs help.
Hi thank you for your time you put into your videos I'm a 61 year old man been yousing a van which is taxt insured Motd and been given 21 day eviction to leve the road I'm baffled
My ancestors fought to protect this land and I'll enjoy it as I wish. Let's be honest, we don't have enough cops to begin with, if they start combing the woods and countryside for people who enjoy freedom then there will be serious problems. The only place in this world you can truly be free is in the forests of Russia.
89% , (8.8 million sq kilometres ) of Canada is crown land and is free to camp we have one of the largest boreal forests in the world. . No need to go to Russia
Prior to watching, "it depends where"! To be extreme, you wouldn't want to pitch your tent on a MOD viewing range (not only illegal but extremely dangerous!) Get permission from the landowner if possible.
The crown estate isn't owned by the queen, or future hereditary kings or queens, but instead the government. The government give finance set against the earnings of the crown estate to the royal family.
You are probably going to get harassed anywhere you try camp for free. Because people cant leave other people alone, even when no harm is taking place. And everyone has confused themselves with legislation (that can change at any time). I prefer to use sense instead. 😉👍
I free camped around Eire, the Republic of Ireland. It's pretty laissez-faire there. As long as you are sensible, nobody minds, and you will often get a welcome. One time I spotted a really lovely huge field, but it was visible, so I knocked on the door of a house 300m away. I was told that the man who leases that field lives 3 miles away, and it's complicated to get there, so why not camp in the householder's field instead? They gave me some veg and the use of a power point to charge my phone... Get the idea? One Irish chap said that no-one would refuse if you ask, but they might tell you to leave if they spot you if you haven't asked. I got desperate for a site one evening as the light was going, started to build a fire in my camp cooker, the owner drove up. So I went over to speak, he didn't mind as long as I didn't let the sheep out.... I doubt the attitude is much different in Ulster - but do check.
Thoughts on dartmoor now Darwall charging after not wanting camping Why wasn't camping added to act How was it interpreted as being included 🤔 There ya go a nice video for you 😉
Spot on. And in the Lake District at least, the regulations stipulate that, even with a landowner's permission, you are only able to stay one night before moving on, pitching no more than two tents. And no camp fires.
There is an ancient caveat: Some Norman Lords were given perpetual Fee Simple to certain estates by William the Worst and/or Edward II. The Barons des Berniers (Barnes) are one such example. It is contested by the Dukes of Norfolk. They hold substantial estates throughout Suffolk and Surrey, Sussex and Middlesex. So ask the landlord first and one may be pleasantly surprised.
What of access to land which has been used for many years and the right to the access never challenged, but then an individual who may own property finds that the access is on their own property? Are they, as owners able to challenge the access or create obstruction to it ?
Legal in Scotland, it was generally permitted as difficult to prosecute for Trespass in the courts. Now it is legal with certain restrictions like the curtelege of a house. One landowner tried to claim her enormous garden was the curtelege of the house but failed. 😂 England is living in the 18th century and it's people under the cosh. We don't have barristers either by the way. 😂
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Hi @BlackBeltBarrister, kind of on topic with the earlier bit, could you cover Compulsory Purchase Orders, MOD possession orders, and other relate stuff, and who gets what rights for whichever situations, etc., etc? Many thanks.
Hi @BlackBeltBarrister, love your channel and videos, please could you put a video out on Noise and light pollution, particularly dog barking including constant barking, barking for a short time that occurs regularly and non regular bouts of very loud dog barking. Noise Abatement is a lengthy and unfulfilling process, so how does an individual go about a private prosecution for these cases. Thank you.
I dont care what they consider are offensive weapons,A weapon is only offensive if you use it to attack.Otherwise it is a defensive weapon.Try to list the things in your home that you could use as offensive weapons,or defensive weapons?An iron that you use to iron your clothes,has been used as both,many dead from being wacked over the head with an iron. Its not illegal so far as i know to go from A to B with a very sharp carving knife,because you go to your fiends house to cook dinner for them.And you prefer your own chefs knife.Ultimate offencive weapon,with UK no gun access for most.The car you drive,or van or truck,yet these are not regarded as weapons.But they are a far more devastating weapon,Than a gun a bow or a knife..There is a very clear definition,between offensive and defensive weapons.It is the clear intention to attack,then it is an offencive weapon.But if a weapon of any kind used in self deffence,To save yourself,you have a right to self deffence,You do not have to lay down and die.I have never in my life used a weapon offenecivley.Why do i have these views? In 2010 sept,my first born daughter,sarah louise hines,And my two granchildren i had not yet met,Reece and amy,were murdered in a blood bath,with knifes and screwdrivers,Its my fault i was not there.The killer gets 15 years one life sentence for killing 4 people,The other girl killed was my daughters best friend.He gets out soon,Either i find him,or my sons do.Then yes 100% on the offensive,To save my sons.Do i forgive the killer?Yes when he is dying in front of me.I want to kill John geary.I am a nice guy but i do not forgive what he has done.
Superbly explained my good sir. It's one of the most common questions I receive and I am definitely not as qualified as yourself to answer. Many thanks for the shout out. It's much appreciated. Keep up the great work and good luck with the channel.
Thanks for the kind comments!
Love your channel too! Feel free to ask for some content to add to your videos, I’d be happy to help and contribute!
Love your channel too! Feel free to ask for some content to add to your videos, I’d be happy to help and contribute!
Wahey love both channels, hello to both! 😇
My understanding of this advice is that you, Paul Mesner, may need to consider editing some of your video advice, such as that suggesting how wild campers could avoid the landowner or their agent exercising the legal right to prohibit such camping on private land, albeit open access land..
Glad to be introduced to you sir, access to the common land etc has always been a riddle for me with bylaws etc, I've walk/hiked many a mile across the northeast/cumbria/lakes, I'm a Durham Lad, I was also brought up as a poachers lad, for the pot only, so I obviously know how to go unnoticed which stood me in good stead when I became a soldier, ex LI, so it's basically off grid for me, I've took my lads as youngsters across the dales/Fells, I learnt them at a early stage not to leave a trace, poachers bible. Just subscribed, thank you for your effort sir, I will share.
Stumbled on your website and Wow! You certainly have the skill to describe very well the essence of the law in user friendly terms and to provide links to more detail that need it. Many thanks for dedicating your time to providing this unique set of U tube videos - much appreciated!
Wow, thank you for the comments! Really glad you found it useful!
I’m really interested in what it means ‘to camp’ in a legal sense. For instance would laying out a sleeping mat and having a little snooze in the afternoon considered camping?
Its so refreshing to get a UK perspective on legal issues, cheers dude, I appreciate your existence.
This isn't a UK perspective, Scots law is completly different. This is an England and Wales perspective.
@@Clan501-Scotland But English Law was exported around the world, not Scottish law. 'England' and 'UK' is used interchangeably around the world whether Scotland like it or not.
@@Jin-Ro English law was exported around the world 😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂 Next one
@@Jin-Ro Not far off mate, in the western judicial systems the majority of the courts are run by a type of Roman canon law. It’s designed to persecute and extort the common human by using false legalities.
English, not UK. The UK doesn't have a single legal system. Scots law is entirely independent to English law. Northern Irish law is independent of Scots and English law. Only England and Wales share the same legal system, but even that is beginning to diverge. And when you say 'exported', you might have been better saying 'imposed upon'. Plus, there are places where Scot legal terms and principle exist, such as culpable homicide in South Africa and various issues in Canada.
I do wild camping in wooded areas but always with the land owners permission. My motto is, take nothing but photographs and leave nothing but footprints. Great video.
Thanks!
I saw a good vidio on TH-cam- Making a camping cabin for under $ 5.00. They bought cling film and a chimney in a case!!
@@BlackBeltBarrister
What is the law with regards to sleeping in your car?
(Have you done a video on this?)
i do too. common land is my thing without perm. also shoot slingshot and airgun in common land too in a safe and orderly fashion regardless of the law.
@@jwrobin21 Not legal in layby's or side roads in Cumbria..... Many are signed No Overnight Stays..
I love wild camping. I always see land unused, untrodden and miles away from the nearest building and feel no shame in choosing to camp there (leaving no trace). It's hard though - never underestimate people's ability to go anywhere. Often I'll be low-profile, camouflaged, nowhere near a walkway and quiet, yet still somebody will come accross me. Usually it's dog walkers, but often also it's some farmer with a stick up their arse even though really I'm doing no harm and causing them no loss whatsoever. I used to walk to the nearest building / house and ask permission, but in dozens of tries never got a 'yes'. Farmers and the landed gentry generally hate anyone who isn't one of them, I feel. They always just look at me like I'm mad / a threat, get defensive and annoyed that I'd even ask permission to camp on their unused, unloved and pointless land and then usually 'escort' me menacingly off their property in their 4x4. So now I don't ask and if I get rumbled I'm always ready to move on and always have a 'plan B' marked a little way away. I just look for a field with uncut grass and no tyre tracks and plonk myself in the corner next to the hedgerow and set an alarm just before sunrise.
I share that mindset and those observations. They don’t even enjoy the land they have inherited.
Yep. It's easier to ask forgiveness than gain permission.
Totally agree, moved to the country and asked the local landowner if I could metal detect in his disused woodlands and fields...the guy was so rude and offended that I even ask, should of seen the look he gave me it was one of pure disgust. I would of left no trace and taken litter I would of found with me, I would of been an extra pair of eyes looking out for his land and livestock, I could of even alerted him of local fly tippers causing him problem's....but instead he chose to be a dick and instead I'll never give a shit about his land or livestock. 🖕
@@spfbaits then he was absolutely right not to give you permission, why should he let you have any treasure on his land, if you want to metal detect go buy your own land
@@WSMITHify there are laws around detecting on others peoples property which would protect the land owner in case of found items. I would assume that since they knocked on to ask permission that they would also inform them of this. Many hugely important historical artefacts have been found this way.
Thanks for your efforts is good to have a youtube channel covering law, the law isn't very accessible to people I feel. Any chance you can you do a video on camper vanning and our rights regarding where we can stop and camp sometime?
Thanks! I love to create videos, chat, and teach (oh, and the law! haha) so this is perfect! Yes, I'll put some thought into that!
This must be one of the clearest explanations of the legality behind wild camping, thank you.
Thanks for the info .
There is a large community of people who are living in vans who do so to save money .
Tour the country .
Live sustainably.
To not be homeless.
Live within there means.
And enjoy a low impact nomadic lifestyle .
Now these vans are these peoples home's
They are not technically travelers in the traditional sense .
And the vast majority of the community live the leave no trace lifestyle .
Often cleaning and litter picking the area that they spend the night in
So with regards to the modern community of "vanlifer's"
Where do they stand with this new tresspass law and sleeping in there vehicles in say public carparks laybys etc for a night or 2 ?
After all if there is a new power to seize vehicles ?
These are people's homes with litraly all there life and possessions inside making them then rough sleepers and truly destitute and homeless .
These Maybe people who have to travel a lot for work or lorry drivers who spend so much time away from home there is no point in having one .
Or nhs workers on low income who can only afford to live like this .
Surely in these cases there home's cannot be seized or taken ?
And it can't be a crime to not afford to live in a house ?
Or to reside in or sleep in vehicles ?
Or what's the point of a motorhome or camper van ?
Is it illegal to sleep in a layby if your tired while traveling a lomg distance to a holiday destination ?
There are probably tens or thousands of people who live low key like this who are desperate for calcification .
Could you please help the "vanlife" community by giving us some calcification please .
We would be eternally greatfull .
Regards
Steve .
I get why people do it - if I didn't have kids I'd do that, or live on a boat! Then again, if it were totally legal you'd have way too many people doing it, clogging up laybys, industrial estates and car parks in and around every major town and city accross the country. The other issue is it would be open to travellers and working, tax-paying homeowners wouldn't want them legally squatting in their area, for obvious reasons.
@@duplicitouskendoll9402 there is always a bad element to every community but there are already thousands and thousands of people living this lifestyle for the fore mentioned reasons who go largely un noticed as they are respectful tidy and clean .
But for a complete lifestyle to become illegal overnight ?
Imagine if it suddenly became illegal to sleep on a boat or marrow boat this amounts to the same thing .
And surely the hole point of campervans motorhomes and caravans is to sleep in them so is touring holidays in the uk now illegal ?
So Boris and Doris in there 70s pull over for a nap on a long drive in there camper what could be wrong with that ?
Oh wait it's illegal to sleep in a vehicle .
So sorry Boris and Doris you're now likely to be fined imprisoned and have you're campervan impounded at expense to them .
Surely this can't de right ?
This seems to be a redicuose thoughtless law that was passed with no foresight .
@@stevehlife4933 I agree. I so often hear "Well obviously you want to keep travellers out" sort of things, as if they're intrinsically bad somehow; but from what I see, they're just a people whose way of life has been pushed to the margins so they're desperate and probably more than a little annoyed with those who have pushed them to the margins... They pay their taxes, so why can't we "decriminalise" nomadic living, creating rights to do so in a way that is sustainable and doesn't clog areas up, providing sufficient parking and facilities for them to not be having to compete for space, and in doing so make life easier for Boris and Doris in their 70s or long distance lorry drivers and so on to legally rest, too?
Hi as I understand vehicles (plus MOT if required), insurance and driving licenses need to have an address, which all match and the vehicle should be parked at as stated on insurance on drive, garage or street, most of the time or your insurance is invalid. If you don't have correct documentation police have the right to impound your vehicle. I could be wrong, let me know if you can prove otherwise
A question arises. Is there a legal definition of “camping”? The dictionary definition seems to suggest that it’s something done in a tent. An overnight in a bivvy or hammock might not be thus defined as camping?
I’m sure there is, will look!
@Tim Day Absolute mentalness isn't it? And what about sleeping in the day? Taking a safety nap in your car in a layby if tired? It's all nonsense.
Biggup the Paul Messner! Kudos to you for the shout out 👍
I recently camped on land which I did not realise was private with no camping. The owner spoke to me as I packed up, and we had a lovely chat, I was very respectful and apologised for my ignorance. She actually did not mind me camping as she noticed I left no trace and fully appreciated her rights! Amazing what you can get away with, by being respectful and nice! I left no trace! Thankyou BlackBeltBarrister for the elucidation!
Would be interested in a video about camping in Scotland because the Land Reform Act 2003 effectively made all land open access and unlike England and Wales, the lease holder has to refuse camping otherwise its legal everywhere (within reason).
Thank you for this channel. Many of us outdoorsy types have needed some legal clarification on these matters. Others of us need lawyers, guns and money :)
Nice channel dude, subbed
Thanks so much!
Ditto
This is perhaps the most lucid decoding of a complex legal issue I have ever listened to. Brilliant stuff! How about an explanation of adverse possession, trespass, etc?
Thankyou for doing this. I was never sure what the UK law really was as it is so developed. I just did my best and hoped that was ok. Now i feel more comfortable with what to do in the UK so i keep my liberties. Thankyou.
Good info! I think it is in a good situation at the moment because if it was made legal, the mess around the countryside would be terrible from what I've seen in popular locations. I recommend taking a bin bag out everytime you go so you can leave places cleaner than when you arrived. If you're camping with litter picking intentions, you are likely to gain a more positive outcome. Please exercise caution when litter picking and ensure you have the necessary safety equipment and avoid picking any suspicious/unidentifiable objects, particularly in military training areas!
The foundation of the National Trust in the UK in 1895 was predicated on a desire to prevent millionnaire industrialists from turning the Lake District into an exclusion zone with no public access to land and lake shores or sea shorelines. My impression is the enclosure of private land and the reduction of permissive access by fencing and the erection of " no entry" signs has gone on apace since the 1960s. Whilst I may heartily disapprove of this trend it is unfortunately the case that littering and general lack of respect for land and property ( uncontrolled dogs are a particular problem) has, in my view influenced landowners actions. In the Dales I am seeing new fences go up every year on land excluding people, where public usage was previously tolerated, even though not as of right e.g. paddling and picnic places by rivers. It would seem the freedoms I enjoyed in the Yorkshire Dales as a child are slowly being withdrawn by the increasingly proprietorial attitude of property owners. Amongst my childhood peer group I am not the only one to notice this trend.
So Lex, you gave up your career as Superman's arch nemesis and became a Barrister.😁 Great work. Great video, clearly explained. Subscribed.
😁😁 Thanks for watching and subscribing!
Oh I thought Dr Evil had made a career change
Have you not seen Star Trek Nemesis?
@@AidanOtfMcClean $100 billion dollars 😂😂😂😂
Thank you very much for your feedback about this matter. You make it more understanding by the way you say it. Have a great weekend.
Thanks, you too and thanks for watching!
An exception to the general rule that wild camping is technically illegal in England and Wales is in Dartmoor, where it is allowed. However even there, parts of Dartmoor are used by the MOD for live-fire exercises and so are off-limits at certain times. All very complicated!
Came here from Charlie Veitch videos, now I’m subscribed to your channel. Very interesting and helpful channel. 👍
Thanks for joining us here! 😁👍
Charlie the agent.
I know it's legal in Scotland to camp anywhere we want as long as it's not fenced off, I just did it in Kinloch Ranoch, Glen Lyon, Kenmore, ect. The forestry commission actually drove past and came over, probably because of the campfire but while they gave advice they still admit it was my right in Scotland to wild camp. If it wasn't for the Scottish government we'd still be in the same position as England who favour the rich, the royals, lords, the elites ect when it comes to land.
I've never had a problem with wild camping in any country - discretion is the key. (I even camped accidentally in a US military training area, but they didn't see me!) But I almost never make a fire, the smoke can be seen in daylight, and the flames seen by night - only in bear or insect country, as I don't want to bring attention to myself from anybody.
Who has control over land below the High Water Mark. Can you be prosecuted for walking. swimming, bike ridding beyond that point. If a council bans dogs on a beach, at what point does their authority cease?
Excellent videos,can you please do one on this 'Common law' thing ? the subject keeps cropping up but we cannot find out much reliable information on it,thank you for your time in producing these.
I think more information would be needed to give a useful answer to this question. Common Law is a rather large topic. Do you have a specific context where it pops up or an example to critique?
mr.barrister,Can you tackle this one?. Relating to laws remaining today from the middle ages! That there is still a law that on every sunday,Englishmen of fighting age,Must report to somewhere on common land to practice their archery skills,so to be ready,to fight if need be for defence of the realm. Another law attached to this one is that still today (This law has never been repealed!,although some modern laws,restrict it,in some public places). That is that every englishman has legal right to carry a bow and a quiver of arrows.I myself have exploited this law,As i am an archer.I have carried a bow and arrows,for example from one town to another,And only one time did i get a small problem.where police were waiting for me when i left home and went to my car with my bow and arrows,bow and arrows over my shoulder,so the police officer asked me why do i have a bow? I repleid because i can,its my right. And i mentioned this english law. He said yes you can carry your bow. the officer said"" I just want to know who you are,because if anybody gets shot with a bow we will know where to come"". Of course i knew modern laws because it is actualy a weapon, it would not go down well in a high street,or shopping center .What i am saying is few know this law still exists,some police obviously do,or maybe the officer did some research before he was sent out to talk to me.I am talking about open carry of the bow and arrows,because if it is concealed I may be in breach of modern law,by carrying a concealed potentialy offensive weapon. but maybe not as it is allowed to carry an air rifle in a case,or bag,from A to B,so long as it is not loaded.But still exeptions for some public spaces TOPIC: AN ENGLISHMANS RIGHT TO OPEN CARRY HIS BOW OF ANY TYPE FROM MODERN TO A LONGBOW,WITH A FULL QUIVER OF ARROWS! ???????????????? :}
Does this law apply to Norwegians resident in England?
I think the law is that you can be arrested/prosecuted for using a bow anywhere that is within 100m of any public place(including private places where the public pay to enter) technically. The Medieval statute is long lapsed & superceeded by offensive weapons laws & the supposed validity in law of the old statute is an urban myth. Carrying archery gear "concealed" in covers, bags, cases etc is very much required so as not to make others fearful or threatened.
found your channel after you were on Charlie's channel, loving it great very helpful content! would love to hear about how this new trespassing bill affects us
Great suggestion!
One thing that seems to be missing is a definition of 'camping'.
One I have read is 'overnight stay in a shelter'. 'Night' is elsewhere defined as 'dusk to dawn'. So, if you arrive after dark, you are not staying 'overnight' (over = more than). 'shelter' is also open to interpretation.
What law do you break- criminal? If so, all homeless people are committing an offence every night.
As a software engineer, I am shocked at how badly most law is drafted. It is edge cases that will stress code, and precision is crucial.
Also, as well as 'night time' and 'shelters, there's also 'sleeping'. If I was in a bird hide overnight photographing widlife or the stars on open access land, that would be fine, but if I get tired and catch a few zzzs it's suddenly 'a tent' and frowned upon. There is still no definition of 'camping' that's watertight really. You could sleep on a blanket for 12 hours on open access land as long as the sun is up, but catch an hour in a bivvy bag at 2am and you are an outlaw. It's not been thought through properly, and is full of prejudice - like so much law in this country.
@@CottonBud Is sleeping an essential part of 'camping'? Falling asleep is not a conscious act, so, if a criminal act, intent would have to be proved. You have to intend to act for the act to be illegal in most cases.
@@Tensquaremetreworkshop I suppose the premeditated packing/setting up of a ‘sleeping bag’ and ‘sleeping mat’ could imply intent ‘to sleep’? It’s all daft. It’s like the criminal justice bill - legislates against people gathering to listen to a particular genre of music, where others are fine. It’s at best snobbery, and at worst a kind of cultural fascism. My own opinion is that wild camping should be as in Scotland, but that a wilderness licence should be obtained by individuals, involving passing exams. A yearly ‘wilderness tax’ should be paid to access certain areas and this would
pay for more rangers to check that only licenced users are accessing the wilderness.
@@CottonBud Interesting concept. I have a distrust of 'licenses' that involve tests - who tests the testers? Should people who have not passed the test (because they set it) decide who passes? The principle is 'every act is legal except those specifically forbidden'. So why not a cost benefit analysis of every law before it is passed? We have had 1000 years of almost continuous legislation, adding to the list of things we are required to know and obey. Very few are rescinded. In a split second you may have to weight the validity of all those laws before taking an action, which afterward will be examined at leisure in a court of law by experts looking to find a flaw in your decision. This is madness.
Did you know, for example, that a peashooter is a section five firearm, possession of which results in a mandatory 5 year prison sentence? It is caught by the blowpipe legislation (see the wording of that statute).
Very interesting, curious though, what is the definition of camping, putting up a tent or for example staying in one spot overnight under an umbrella ?
I assume an umbrella could be considered “shelter” and you would be moved on .
Thanks, Sir for all your videos, please carry on, this is very helpful and in plain English, thank you very much. have a nice day.
Thanks, you too!
Thank you very much for your clarification on this subject. I am grateful. I have subscribed to your channel and will be watching you past videos. I wish you the best as you continue your channel.
Typical lawyer, takes 10 minutes to say "no" lol. Seriously, thanks, very interesting.
You have no idea how much info is required to inform you of your rights. You need to listen to learn but if you're just looking for the end note why bother watching the video anyway? Lawyers are not politions they are the only people who beat around the Bush to just answer with one word, this is real info, good info. Don't underestimate it
@@sophieblackmore8675 It's a joke Sophie.
@@ricead Why is it a joke ? Did you read the title ? This wasn’t a yes or no answer video.
@@memybikeni9931 get on your bike.
@@ricead you truly are weird.
Thanks for the information. Is this info also valid for beaches and coastlines or do they have different rules?
I have seen farmers plant trees on their land in order to be able to declare it as woodland and therefore no longer open access. There is a walk in the Yorkshire dales that has a toll path. They were a bit put out when parts of the walk became open access land so people could walk their path for free. Fortunately for them, large parts are also woodland so were excluded.
Nice summary. My personal gripe, which you've addressed elsewhere I think, is the definition of a non-motorised bicycle as a vehicle. Times change, as do recreational activities. The law is currently not upto date with the riding of bikes on open access footpaths, as a differentiator to footpaths adjacent to public roads. It's tolerated in England in the main, and allowed in Scotland and Wales. About time England is updated. Never had any real issue. I predominantly ride on the moorland of the West Pennine Moors which is mainly 'owned' by United Utilities. Always give way to walkers when on footpaths and normally no problem. Get the ocassional jobsworth hiker normally touting ski sticks. If they persist I ask them to produce their UU identification.
look for bridleways - completely legal to cycle on them - this does not of course immunise you from jobsworth hikers who don't know the law
@@5ynthesizerpatel Yes I know. Problem is that many bridleways are connected via open access footpaths, though they all look pretty much the same. On the whole no one bar the ski walkers care. The law needs a refresh though to bring it in line with Scotland.
I have done loads of wild camping. Basically it is not safe to ask, as, to describe it the soldier's way, "once you are in your maggot you are vulnerable". The simple tests for a suitable camp place are these:
1/ Is the place properly fenced in ? If it is not easy to get in, then do not go in because it is defended. If it is easy to get in, then it will not be defended, nor probably even be patrolled.
2/. Can I tuck myself out of sight ? You are looking to be away from the beaten track, and in some sort of dip so that your camp and any lights cannot be seen. Then
3/. So as not to be accused of vagrancy, if challenged you need to be polite, unthreatening, clean, and to use the vagrancy act description "able to give a good account of yourself". This also includes doing no damage and leaving no sign.
What is definition of camping?
Camping means the erecting of a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home or trailer, or mooring of a vessel for the apparent purpose of overnight occupancy.
So if i just lie down and go to sleep and happen to stay asleep all night . then that's ok ?
Thank you for clarification on this widely misinterpreted issue.
Thanks for the comments and for watching!
My opinion is that this needs to be amended. It needlessly restricts camping. I can understand why it is desirable to "leave no trace", but we don't have to relegate camping to merely being "tolerated" in order to achieve that.
Back home, I went camping once in a natural reserve. When we got to the designated camp site, the warden in charge of it greeted us. He told us exactly where we were allowed to camp and where we were allowed to build a fire. He also told us that gathering wood was strictly forbidden, even if it was dried branches that fell on the ground. If we needed firewood, we were to come to him and request it, free of charge. I see no reason why such a thing could not be implemented by national parks. Have designated camp sites where wardens control camping, and where people can have campfires in a controlled manner, without hurting the environment. This would encourage more people to visit the outdoors and to get to know nature. Ultimately, that makes people invested in nature, and as such take the preservation nature in a more personal manner.
Another fascinating video, historically correct too! Could you please do one on court procedure and history of wearing ‘the crown toppers’ wigs etc I know a bit but it would be interesting to know all about it. Thanks
Thanks so much for taking the time to do this. I Think you might end up with a 6 figure subscription before the end of the year.
That would be absolutely brilliant! Thanks for the kind comments! 👍
Only if he gets slightly less boring! I thought I wanted to know this, turned out I have an actual life!
I am happy to have.come across your video. I am not a practicing solicitor and certainly not a barrister. However having attained an MA in 1974, I was.granted a scholarship (paid for by my empower,) in 1992 to study for a second degree in Accounting and Law - part time and using what was called distant study modules. I didn’t think I would enjoy the subject’s, but it was very useful to my advancement.
What surprised me was that I found the required subjects much more interesting than I would have imagined. I did not think Accounting, economics would be interesting Acts, regulation and the use of language there in- many of which may be interpreted according quite differently in the Judgement relation to action in courts.
Thanks for useful upload. Might I add, Scotland is in the UK and wild camping there is mostly legal.
Indeed - I need to do a follow-up! 👍
We must always remember these places are (National Parks)....set out and fought for by our ancestors....so that the future Nation-Generations could enjoy them....if we do it in a responsible way there should be no issues at all be you wild camper or hiker ect ect ect....people need these wild places for there well being and mental health.... to restrict access and put up barriers and offputting signage to these place's is the very act of tyranny itself and is a crime against humanity itself....it should be stamped out immediately !
Yep Paul has a great channel. Glad you found it useful
Its the confrontation I'm worried about. If someone rudely speaks to me about getting off the land, that will only escalate things with me being highly defensive.
If they aren't the landowner then just tell them that if they have a problem with you then they can contact the actual landowner about it. I completely understand what you mean though. I can be pretty socially awkward at the worst of times so in that situation I'd probably instinctively go into defence mode just like you. But really, unless you're damaging the land then somebody who doesn't legally own any of it should mind their business or take it up with the owner.
Iv had this happen. He was talked round with smiles and respect and the promise not to leave litter
@@brendanm6921 The problem is you do not know if they own the land.
i had a farmer approach me with a gun on on shoulder, summers evening next to a river at corner of field out of the way. before finding that place i ended setting up camp in someones back garden even tho it was the river bank so moved over to the farmers field as time was getting on. i chosen the river because a small fire any traces would be gone on next rain, same i always did in wales growing up but at a much smaller scale in Warwickshire, the farmer explained that he had issues with school kids littering and causing damage the previous times they camped, i explained that its only me what is staying over night, a barbecue and then a small fire for light and explained the plans i had in place to leave place how i found it. he understood, but said to keep fire small in same location of barbecue so only one small area of burnt grass. i removed all un burnt wood to woodland the next morning, and taken everything with me attached to my bike including the throwaway barbecue . last time i went back things are just fine. as long as you can show you have good intentions and maybe let them know how you plan remove the rubbish then i think you have a better chance, or even ask farmer where he thinks is best close by is a better place for the farmer. my advice always have a plan a b and c of locations in the area you want to camp and setup early so if you have to move it not so bad
Thankyou very much for giving us some clarity on this issue it was very interesting and informative 👍😉 your the modern day robin hood of law 😁👍
Great to hear facts from an expert. Thank you.
I am most impressed by the clarity with which you espouse these matters, good sir. Consider yourself Subscribed to :D.
Thanks so much, I am grateful that you found it useful!
Love camping! Love this channel! Just discovered it! Much respect!
Thank you!
You mention land in 'England' as owned by the crown. Yet it's my understanding that land in Cornwall is owned by the Duchy.
It seems to me that a person owns nothing but the clothes on his or her back, unless you have an ancestor that did Bill the Conqueror a favour, it's wrong, very wrong.
Very wrong, indeed.
Would you consider doing an updated video if/when the new policing bill comes in that makes trespass a crime?
Fair play for mentioning Paul Messner channel... : )
Not a question about camping but something I noticed in your video.
The bit about not having any animal except a dog.
I fly eagles, obviously I have to have permission from the landowner to be able to fly the bird loose.
Once the bird is loose, I cant really stop it from going off permission, I've always understood the right or way access allows us to retrieve a lost bird, so long as we leave any kill we may find the bird with on the owner's land.
I would always try and find the landowner if a bird is away from right of way paths but this sounds like as soon as I retrieve the bird and I'm carrying it, the law doesnt allow me to be on the right of way paths.
I would think it unlikely to cause you trouble as like you said you are being as careful as possible. There may be another law that assists you. Remind me to look for it!
Thanks for your reply, I would always try and find the landowner if I can, I believe because the birds are considered property they are obliged to allow us to retrieve the birds. Its very seldom you'll get someone who's unreasonable, generally they are quite helpful and its not unusual to be invited back to fly in future.
I just didnt realise that the right of way laws specifically excluded any animal except a dog, I know quite a few moochers who consider those yellow triangles to be their permission markers :o
Unfortunately you really cant risk taking liberties if you fly schedule 4 birds.
As an aside, is there any chance you could do a video on strict liability? Its something they have in the wildlife and countryside act, never been able to get my head around it, does it really mean you're pretty much guilty unless you can prove you're innocent?
I get people bringing me injured birds they've found and all I can do is send them to a vet because the strict liability in the W&C act mean I could lose my eagles because someone brought me an injured buzzard that I dont have paperwork for. Get caught with a wild bird and I automatically get banned from keeping schedule 4's
Very clearly expressed - you would have made a great teacher!
Thank you! 😃
Thank you for this in depth video, I have a fundamental question , what is the legal definition of “camping” . For instance if I park my camper van on open access land but stay awake all night is that camping ?. Do I actually have to fall asleep, do I have to cook food or wash to be camping. I have been accused of camping whilst parked in my camper van near a beach waiting for the tide to turn at 4. Am fully clothed and awake, Is there a legal definition and does it matter?. Thank you.
Perhaps another video!
Thanx daniel, very interesting, as always! When you said ownership is with the Crown, rather than the queen,is that not , the Crown corporation?
I honestly believe that the planet and all of its resources, belong to all of us and should not be owned in this way!
The bottom line is: Don't frighten the horses, and don't shove people's noses in it. I have wild camped for years and one of the 'secret' rules is to take a gardening trowel with you and bury your body waste in a hole military style. (dig a hole, poo in the hole and cover it up.)
Very true - many outdoor shops sell lightweight implements which are a little like miniature trenching tools for this purpose.
You can imagine as a landowner how infuriating it is to have people literally s****g all over your land.
And strewing it with loo-roll into the bargain.
So, yes. Very sensible advice.
@@sirrathersplendid4825 thousands of people descending on an area and doing, that really happens. Irish travellers ripping out bollards to get on land and shitting and dumping huge loads of waste. Happens all the time but we can’t tell the truth because WOKE.
Can the Crown take your freehold off you any time they wish?? I know sometimes this happens for widening roads etc and they will compensate you but can they just take your land??
Also, if the country falls into debt to another country???
thank you and listen, you are a little god send, many people cant get access to an honest educated person of the law, well done you ⭐🌟💫
So glad my local national park is Dartmoor where the Dartmoor Commons Act, 1985 allows wild camping provided you observe the rules stated within the bylaw!
Good morning Sir from far away. My question is whether the Landowner or Ranger or whoever wants to move you on from camping on the said land, has some degree of Duty of care, ie I am too tired and disoriented to move on Sir ,It seems to prevent my death or serious injury I have to sleep here.
if for this reason one of my party or myself were to die from this move on instruction, would the Coroners court see some form of guilt directed at the Owner or his representative. Please forgive me how I worded this but you get the jist I am sure.
@blackbeltbarrister can you do a video on urban exploring law and the fine line between trespass and suspected burglary
I seem to remember something on trespass. Am I right in saying you cannot be prosecuted if you go onto a field and walk around the edge without causing damage. Am I right?
A other superb video, thank you for posting, loving your chanel.
Would it be possible to do a video about 'Tomlin Agreements'?
My siblings & I have been made to sign one of these regarding our deceased mothers bungalow and the person living there who has rent free lifetime occupancy. His daughter has gained power of attorney for him and is refusing us access to inspect the property even though there is no such provision in the Tomlin barring us from inspections. She has started sending us quotes for vastly overpriced unnecessary works on the property. Last year we received a bill for £3,100 to replace a like for like central heating boiler which should have taken no longer than 4 hours. We recently found out the boiler cost £965 & the current UK hourly rate (2021) for a plumber or gas fitter is £40-£60 making it an average of £50 per hour, £80 in London. She's now demanding just shy of £20,000! The Tomlin agreement states 'reasonable & necessary maintenance works.
Absolutely! Today, perhaps!
@@BlackBeltBarrister Excellent. Thank you!
th-cam.com/video/r0EJ0c5__LM/w-d-xo.html
Good stuff...have subbed..digging the channel.
Danny
Thanks!
Love your videos. Very educational. Thanks for your time.🙂
2:53 Surely a freeholder actually leases land, it's the tenant that may then "sub lease" the property?
And in Scotland she owns the land through her family the Royal Stewarts and they own the land of inverclyde/Renfrewshire .
Is there any way we can legally avoid paying council tax?
Cardboard boxes in the street don't have a rateable value (yet!)
In subsection (7) it states that it binds successive owners and is irrevocable. What would be the situation if the new owner was a bona fide purchaser for value without notice? Would the new land owner still be bound?
The Law of Property Act 1925. Remember it well. It was being confronted with this, as a law student at UCL, finally convinced me that I didn’t want to be a lawyer.
Layer upon layer of different levels of rights in real estate. Awful. But a source of great wealth to solicitors with extremely high boredom thresholds. Almost as good as being a tax lawyer like my old friend Mike Flesch
Sorry to hear. You could not Finnish the course.
I found Scientology very helpful.
There's a course, in The Church of Scientology. Also known as the Scientology Organisation. Which. Is called The Student Hat.
The concepts are:
The misunderstood word.
Too steep, a study gradient.
And a lack of mass.
This gentleman, had made the subject interesting. However. It's easy to get annoyed with law.
Actually. I twigged on today, that. Actually. I feel attacked by restrictive laws.
What a privilege to be able to study the law, and have a hope, you might profit.
Maybe instead of too steep a study gradient.
It was too shallow ! You needed a steeper hill to climb, to stay alert.
Interesting comment. Thanks, very stimulating.
Eh? I never intended to be a lawyer, but my father, a barrister, wanted me to read for the bar, and I was a respectful obedient youth. He should have known that I was temperamentally unsuited to a career in law. I wish now I’d read Eng lit - my best A level . But you are absolutely right ! It’s a very useful discipline to have studied, it’s stood me in good stead as a citizen, a producer, and as a drop out!
th-cam.com/video/54iJTO7l--k/w-d-xo.html
Best wishes
John Lawrence Ll.B (hons) Lond
Have you looked into the use of the waterways? It’s often discussed in my circle with no clear line from the law being recognised. Rev’d Dr Douglas Caffyn did some investigation in the past.
The UK is such a free country, that you need a Barrister to walk around with you to tell you how free you really are.
In Scotland you can walk almost wherever you want. No one can stop you from exercising your access rights. It is infinitely freer than the USA when it comes to freedom to go and travel where you want. Depends what your priorities are, huh?
@@StrathpefferJunction you can walk across someone’s property? What if they want privacy?
@@mikemiller5637 What if you want privacy? In general, that's tough. You can't walk through the curtilage of a house - which is a legal term and not always easy to precisely define, but in most cases it is the formal garden area immediately round a house - and that's to afford domestic properties privacy in their immediate setting, but other than that, you can walk where you want to (with a few limited exceptions, like military bases, zoos, golf courses when games are in play), so long as you're doing it responsibly. So if you own a farm or even a house with huge grounds around it, people can walk over much of that land without your permission, so long as its not the garden immediately surrounding your house, it's not fields planted up with crops and they're doing so responsibly. That's just how it is here. It's been like that for a long time. And the vast majority of people are fine with it. The USA trumpets freedom of speech, in Scotland we trumpet freedom to go where you want.
@@StrathpefferJunction that’s definitely interesting. As an American I’d be worried about someone hurting themselves crossing my property (I have ten heavily wooded acres), and being sued for negligence. Maybe you guys are less litigious.
@@mikemiller5637 we're less litigious, but if you own a piece of land with trees and a public right of way through it,
You will need to maintain the trees and have public liability insurance, just in case someone is injured by bits of tree falling on them.
We are becoming more litigious every year though.
Hugely helpful advice. Thank you so much, Sir
Simple answer no wild camping in Uk, land owners will do everything they can to stop this sort of leisure. Land owners do not want people camping on their lands they will put big intimidating signs “Private Property” , “no trespassing “ etc. So many shops selling outdoors equipment but nowhere to use it.
No as the UK is not England and Wales.
If one wants to be free to roam and camp, it is necessary to know these laws, if a little frustrating sometimes, then one can relax while out and about.
But if one owns land, it gives one the right to protect one's property from people who aren't careful or respectful.
Interesting that even owning one's own property, one doesn't own the land it is on, and cannot automatically do what one wants on it.
Common Land rights are also interesting.
Don’t get caught. If you are in the mountains of Scotland or Derbyshire Peak District, or even a big wooded area next to the motorway, don’t get caught and if you are stealth camping in the trees next to the motorway and the only thing next to you is fields the only person who would come and ask you to move on is a freak needs help.
You never know what or who will use the land. Could be a shooting party & your stealth could put you in danger.
But can you ask the person claiming to own it to prove it. Anyone can say they own it, even the person camping on it.
Hi thank you for your time you put into your videos I'm a 61 year old man been yousing a van which is taxt insured Motd and been given 21 day eviction to leve the road I'm baffled
My ancestors fought to protect this land and I'll enjoy it as I wish. Let's be honest, we don't have enough cops to begin with, if they start combing the woods and countryside for people who enjoy freedom then there will be serious problems. The only place in this world you can truly be free is in the forests of Russia.
Well said sir , your ancestors would be proud !
International waters
89 % (or 8.8 million sq kilometres ) of Canada is crown land and is free to all Canadians to roam, camp
89% , (8.8 million sq kilometres ) of Canada is crown land and is free to camp we have one of the largest boreal forests in the world. . No need to go to Russia
Prior to watching, "it depends where"! To be extreme, you wouldn't want to pitch your tent on a MOD viewing range (not only illegal but extremely dangerous!) Get permission from the landowner if possible.
You say that but Dartmoor is partly used for army training and it is legal to wild camp there, provided you observe the schedule.
The crown estate isn't owned by the queen, or future hereditary kings or queens, but instead the government. The government give finance set against the earnings of the crown estate to the royal family.
Thank you all so much for the support recently!
Please do check out my Patreon and Channel memberships:
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You are probably going to get harassed anywhere you try camp for free.
Because people cant leave other people alone, even when no harm is taking place.
And everyone has confused themselves with legislation (that can change at any time).
I prefer to use sense instead. 😉👍
@@Nickle314 you get a day. Then you are moved along.
Unless you go unnoticed, or the people are fine with seeing people living free.
What are your thoughts on Quantum Grammar and how it is being used to correct fraudulent Corpus Juris?
B more clear , legal or law
@@karldavies169 ?
Very helpful, thanks. Could you do a video for Northern Ireland please?
Will take a look!
I free camped around Eire, the Republic of Ireland. It's pretty laissez-faire there. As long as you are sensible, nobody minds, and you will often get a welcome.
One time I spotted a really lovely huge field, but it was visible, so I knocked on the door of a house 300m away. I was told that the man who leases that field lives 3 miles away, and it's complicated to get there, so why not camp in the householder's field instead? They gave me some veg and the use of a power point to charge my phone... Get the idea? One Irish chap said that no-one would refuse if you ask, but they might tell you to leave if they spot you if you haven't asked. I got desperate for a site one evening as the light was going, started to build a fire in my camp cooker, the owner drove up. So I went over to speak, he didn't mind as long as I didn't let the sheep out....
I doubt the attitude is much different in Ulster - but do check.
Love the lamp in this shot, any chance you have a link for it?
If it's lawful it's legal. It's lawful end of debate.
i didnt think trespass was an offence in the UK?
Thoughts on dartmoor now
Darwall charging after not wanting camping
Why wasn't camping added to act
How was it interpreted as being included 🤔
There ya go a nice video for you 😉
Interesting thank you, if i may be so bold, in Britain we have sheds, hence shedule, not skeddule. Thank you.
We also have school, not skool
We have sheds yes, but not scheds.
Discretion is everything. What the eye (estate) don't see, the 'eart don't grieve over - my motto.
Go to 10 minutes for no camping, basically you can’t camp at any time, without permission.
Spot on. And in the Lake District at least, the regulations stipulate that, even with a landowner's permission, you are only able to stay one night before moving on, pitching no more than two tents. And no camp fires.
There is an ancient caveat: Some Norman Lords were given perpetual Fee Simple to certain estates by William the Worst and/or Edward II. The Barons des Berniers (Barnes) are one such example. It is contested by the Dukes of Norfolk. They hold substantial estates throughout Suffolk and Surrey, Sussex and Middlesex. So ask the landlord first and one may be pleasantly surprised.
So once the land is designated 'open access', the land owner can't change their mind and have it declassified back to 'private ' land?
What of access to land which has been used for many years and the right to the access never challenged, but then an individual who may own property finds that the access is on their own property? Are they, as owners able to challenge the access or create obstruction to it ?
The Inclosure Act was abhorrent.
The land should be returned to common usage - not left in the purview of the rich and privileged.
I still need a simple answer. It appears that wild camping anywhere is, in fact, illegal.
Yes or no?
Yes 7:33, unless the landowner expressly permits it.
Legal in Scotland, it was generally permitted as difficult to prosecute for Trespass in the courts. Now it is legal with certain restrictions like the curtelege of a house. One landowner tried to claim her enormous garden was the curtelege of the house but failed. 😂
England is living in the 18th century and it's people under the cosh. We
don't have barristers either by the way. 😂