Property Rights Versus Trespassing Rights

A wealthy couple bought an estate inside Dartmoor National Park and then successfully sued to bar campers from using their land. That ruling is now being appealed. Muir Vidler for The New York Times

Property rights, a foundational aspect of modern society, occasionally bump up against other rights. The journalist Brooke Jarvis has a new article that touches on this theme, we are happy to see:

The Fight for the Right to Trespass

A group of English activists want to legally enshrine the “right to roam” — and spread the idea that nature is a common good.

The signs on the gate at the entrance to the path and along the edge of the reservoir were clear. “No swimming,” they warned, white letters on a red background.

A protester at Kinder Reservoir. Muir Vidler for The New York Times

On a chill mid-April day in northwest England, with low, gray clouds and rain in the forecast, the signs hardly seemed necessary. But then people began arriving, by the dozens and then the hundreds. Some walked only from nearby Hayfield, while others came by train or bus or foot from many hours away. In a long, trailing line, they tramped up the hill beside the dam and around the shore of the reservoir, slipping in mud and jumping over puddles. Above them rose a long, curving hill of open moorland, its heather still winter brown. When they came to a gap between a stone wall and a metal fence, they squeezed through it, one by one, slipping under strings of barbed wire toward the water below.

On the steep grassy bank above the reservoir, coats and sweaters came off, revealing wet suits and swimsuits. Thermoses of tea and hot chocolate were readied for quick access; someone had brought along a banged-up trumpet with which to provide the appropriate fanfare. There were seasoned winter swimmers, people who had stories of breaking through ice for a dip, and complete newbies, deciding as they shivered whether this particular symbolic act was really for them. There was a 7-year-old who swam in a knit beanie with a purple pom-pom and a man with a Yorkshire accent who told his wife, in mock horror, “I had to ask a strange woman to zip me up, Mary!”

Down on the shore, giggling and shrieking people picked their way across slippery rocks. Then, with a great deal of cheering and splashing, they took to the water en masse, fanning out in all directions. Some carried a large banner that read, “The Right to Swim.”

The water was somewhere around 50 degrees Fahrenheit, but it felt, a 61-year-old swimmer announced after climbing out and wrapping up again, “bloody wonderful.” She handed her sister a Cheddar-and-Branston-Pickle sandwich and told me she usually hates encountering crowds when they go swimming but that this one was delightful.

More rounds of cheers went up as new waves of swimmers splashed into the water. An older woman wearing a pink floral swimsuit paused on the shore to turn to the crowd still on land. “Don’t be beaten down!” she shouted, raising a fist above her flower-bedecked bathing cap. “Rebel!” Then she, too, flopped into the lake…

Read the whole article here.

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