Makes sense?
Between April and November sounds about right to me.
Well, to people who grew up in the country the rule is very simple and even logic: You don't walk the grass when it's high(ish). If you trample it down it can't be mowed anymore, in fact even the cows coming after you can't get to the grass properly anymore. You are destroying animal food. In Switzerland - like many other countries) that is basically money.
https://www.ag.ch/media/kanton_aarga...nundAecker.pdf
This official pamphlet says it in short words. Although it is from the canton Aargau, it reflects the nation wide handling of the matter. Central reference is as said Art. 699 ZGB.
In general it is forbidden to access farmland and pastures. BUT the exception is, access cannot be denied AS LONG it does not lead to whatever "damages" to these grounds, or better, restrict the material interests of the owner. E.G. dog excrements, damage of the crop. Simple and reasonable IMO.
If the owner wants to forbid it, it must be legally sanctioned AND if officially agreed to that, sings of no trespass must signal it.
The ban applies also on pastures, often used to produce feedingstuff, unless they have been cut/harvested lately.
https://steigerlegal.ch/2012/07/10/s...ssen-freiheit/
regards
Thank you, this is helpful.
There was no sign indicating I could not walk there and the grass was recently cut, so no damage could be caused. So according to your information I was within my rights to do what I did. However I would still need to find out if there is a regional exemption stating a seasonal period where all access is forbidden without the land owner needing to apply for it.
Work you walk on the path, or randomly in the field?
It makes a difference.
Tom
Why concentrate on what is legal and dismiss what is right? It is private land and not a footpath, so whether or not the owner has a law behind them, you should respect their wishes.
it also makes a difference if you are walking or riding your high horse in the field.
Entitled? No.
Persistent? Yes, and and rightfully so, despite many regulars ganging up on you.
It wasn't a field (with bare earth), it was a meadow with short grass as posted in #8.
All meadows ARE fields (but not all fields are meadows).
This is ENGLISH forum, not germglish forum.
Tom
Does the french sign "Privé" mean no-trespassing? I ask, as it appears from the posts above that everyone can access an individual's private property, with some limitations.
The above is on open farmland, not on land surrounding people's homes.
I get that. But what if there is a Privé sign on open farmland? Is Prive=No trespassing? Or, what is the Swiss equivalent signage?
Because if there is no law behind it and there is a right to passage, then this is no different than your neighbor across the street yelling at you at 4:00 in the afternoon to stop vacuuming because its disturbing their peace.
Some wishes are unreasonable.
I wish I could flush the toilet after 22:00....
At least now it's been established that there is a right to passage under certain circumstances.
Why can't you?
There's no law preventing you from flushing your toilet or running a shower or doing any normal necessary "living" after 10. The law only prevents unnecessary noise (drilling, loud music, etc).
The not-flushing urban myth only came about (probably perpetuated by fresh-off-the-boat expats) because it is a guideline or house-rule borne out of consideration of others living in buildings with ancient clanky plumbing.
Unwritten rules such as not trampling all over a farmers field are just there for the same reason. Due consideration for others.
Where is that established exactly ? I copied the federal law . Crossing an open field, with no path, is limited to the off season.
EDIT: sorry. my obsession with reading the internet on my phone has caused me to make a mistake. the text quoted is for Valais. NOT federal. Damn cantons!!
That this is the Friday thread!
Tom
I've addressed this in previous posts, but it's not a myth. In two of my former flats I have had this house rule and I know of one gentleman who had the Verwaltung contact him regarding his flushing habits after 22:00. These flats were all in relatively new buildings (built in the 70's-80's I'd suppose). But it just takes one cranky neighbor.
... in the Federal law. The circumstances say that you can cross in the off season. Now we all know, thank you for finding the info .
Federal Law states:
https://www.admin.ch/opc/en/classifi...ndex.html#a699
Art. 699 Swiss Civil Code: "Any person has the right to enter woodlands and meadows and to gather wild berries, fungi and the like to the extent permitted by local custom except where the competent authority enacts specific limited prohibitions in the interests of conservation."
Cantonal law states (and OP mentioned Canton Aargau):
https://gesetzessammlungen.ag.ch/frontend/versions/2497
§77 Introductory Statute to the Swiss Civil Code.
"Das zuständige Departement erlässt die im Interesse der Kulturen vorbehaltenen Verbote betreffend Wald und Weide (Art. 699 ZGB)."
Cantonal Ordinance states:
https://gesetzessammlungen.ag.ch/frontend/versions/2519
§ 17"Das Departement Finanzen und Ressourcen (DFR) erlässt Verbote betreffend Weiden."
Not clear whether the DFR has actually implemented such a prohibition or delegated it to the communes (cf. also https://www.ag.ch/media/kanton_aarga...nundAecker.pdf ). In any event, the communes regularly post such probibitions.
Examples of communes in Aargau:
Thank you Mica, that's some really good info. The gemeinde is Jonen.
I checked the Aktuelles from Jonen gemeinde ( https://www.jonen.ch/verwaltung/aktuelles ) and I can't find anything about an off season.
It's interesting that Olsberg gemeinde refers to a repeal of the right of way during 1.April to 31.October, which infers that there is no federal seasonal limitation.
I don't generally check my own Gemeinde website, but I see that I really should. Thanks
edit: Also, it makes me wonder if they posted my name there when I applied for citizenship, as they do this in Olsberg.
What you quoted is off topic. That excerpt speaks of forests and, at the time of access, uncultivatet farmland ("champs non labourés et les prés en friche"). It says nothing about meadows and grassland.
In a somewhat related situation, earlier in the Summer, the missus and I were out on our MTBs, taking a short local circuit of surrounding forests and tracks. At one point in the forest, a rather irate "paysan" stopped us from proceeding as it was "his" bit of forest and we had no right to be cycling through it. This was on a well-used path that I had biked, run and walked along many times previously. It is even part of one of the Helsana running trails ("Helsana never paid me a single Franc" - irate paysan). What are our rights? It was not fenced off, there was no indication whose property it is, nor were there any "Privé, accès interdit" signs around.
I can accept it was his land, I suppose, but he didn't have to such a rude, aggressive c**t about it, did he?