Common law use of other people's land - a comparative study between Sweden and Norway

How land is used, and what it is used for, are highly topical issues. Different interests in society are striving in different directions. Basic rules for land use are found in the right of public access. This project consists of a comparative legal study of the rules of the right of public access in Sweden and Norway. In Sweden, the right of public access is mentioned in the Instrument of Government and the Environmental Code. It has previously been shown that two different tracks can be found in the right of public access - the everyday use track and the recreational track. In a discussion that follows the everyday use track, the practitioner of the right of public access has the right to use someone else's land because she benefits from it in her everyday life. In a discussion following the recreational use track, the user has the right to use the land because she receives recreation from its use. In Norway, the right of public access is regulated in the Outdoor Recreation Act. By studying the Norwegian regulation of the right of public access to other people's land, knowledge can be gained that can form the basis for the ongoing discussion in Sweden about the right of public access. An overarching question for the project is whether the everyday use and recreation tracks can also be found in Norwegian law. The study aims to provide results that can form the basis for an in-depth discussion of different ways of solving problems that are found in all countries, as well as the ongoing discussion in Sweden about the right of public access and a possible regulation of this.