Tom
"les prés en friche" are what you call meadows.
It's "off topic" only because actually, it's the Loi d'application du code civil suisse for Valais. I only saw the canton now that I'm on a big screen. Sorry kids.
However, it would be relevant if Dan were in VS. The first clause says you can access private lands and forest via a path, the type of land is not specified. It doesn't say you can cross someone's land wherever you want.
If you want to cross private land anywhere you want, then we need to look at the second paragraph which means you can cross lands that have no crops (untilled fields and uncultivated meadows) but only in the offseason and that you don't damage the crops.
Does someone have the the Loi d'application du code civil suisse for Argau?
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This is for Vaud, which doesn't limit access to private land to a path, but does limit to the off season.
Art. 78 Droit de pénétrer sur le fonds d'autrui
a) Passage en saison morte
1 Chacun peut traverser à pied du 15 novembre au 15 mars les prés et les champs non labourés d'autrui qui ne sont pas clôturés, à condition qu'il n'en résulte aucun dommage pour les cultures.
2 Le même droit est accordé aux skieurs et aux traîneaux à condition que des clôtures ne dépassent pas le niveau de la neige.
3 L'usage local plus étendu est réservé.
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Art. 78 Right to enter the lands of others
a) Passage in the off season
1 Everyone may walk between 15 November and 15 March on the open meadows and fields of others that are not fenced, provided that no damage is caused to crops.
2 The same right is granted to skiers and sledges provided that fences do not exceed the level of the snow.
3 Larger local use is reserved.
"brachliegendes Feld", the corresponding German text, is definitely not a meadow. No ban either hence federal law applies. You're right about it being Cantonal VS law though.
"brachliegendes Feld" (fallow fields) are champs non labourés.
Prés en friche are meadows.
The German text says " nicht bearbeiteten Äcker und brachliegenden Felder", neither is any kind of meadow or land for grazing.
Land for grazing is 'pasturage', which, damn it!, has different rules I believe.
The original post 'a grass field' is not really clear.
Anyway... we see that there are in fact restrictions. So I'm inclined to believe the person who approached Dan was correct.
This.
Right after the farmer harvested the corn or what ever there was and before he ploughs that field is the one time you may freely gallop accross the fields. (Best time of the year for a rider )
Farmers not only don't mind then - they know you're coming.
And yet, the French most certainly is, and I couldn't care less about German.
Tom
Indeed. And as far as Ican see from the various quotes posted, the 'right' to access farmland is stated specifically to allow gleaning (picking unharvested crops, e.g. from edge of fields) and gathering wild fruits and berries. As I read it, and as I know to be the case in France, this is not granting free rights to enter and cross farmland, regardless of the time of year, but simply ensuring that ancient rights of gleanage are not infinged upon.
A pré is indeed a meadow, 'en friche' means 'lying fallow', i.e. not being grazed or harvested, which overlaps, I think, with the German. The emphasisin both appears to be the fallow, or unworked, aspect, not an arbitrary distinction between what classes as a 'meadow' when translated into English and what does not.
The way I read art 699 it as well is that you can grab some blackberries without worrying. Not that you can traipse all over private land anytime anywhere....
Yes. Land that is not fenced and being used at the time are key points.