[Tagging] Examples at https://wiki.openstreetmap.org/wiki/Key:access

[Arne Johannessen]

Colin Smale <colin.smale at xs4all.nl> wrote:
>  
> In the UK simple trespass to land is not illegal, it is for the landowner to claim under civil law: "unjustifiable interference with land which is in the immediate and exclusive possession of another". What constitutes "unjustifiable" is the key here. Delivering a package would sound like justification to me (IANAL).

According to Wikipedia: "Justification by law refers to those situations in which there is statutory authority permitting a person to go onto land, such as the Police and Criminal Evidence Act 1984, which allows the police to enter land for the purposes of carrying out an arrest."

https://en.wikipedia.org/wiki/Trespass_in_English_law#Defences_2

This seems to mean that there would need to be a law specifically allowing access for package deliveries in order for that to be "justified". I'm assuming such a law doesn't exist in the UK (but you're most welcome to correct me).


> I disagree that permission needs to be explicit for access=private.

Okay. Can you explain, specifically, how "implicit" permissions are supposed to work?

For example, here are a few images of "keep out" signs. Now think of somebody making a package delivery. How are they supposed to determine whether "implicit" permission exists in their individual case or not? Is it different for some of these signs, or are they all the same in this regard?

(1)  https://c7.alamy.com/zooms/3/aba70f5b6cb8481e871505ed3fd13186/c80x44.jpg
(2)  https://c450v.alamy.com/450v/w9tm1e/a-private-road-no-access-without-permission-sign-on-a-post-at-the-side-of-a-farm-track-next-to-an-arable-stubble-field-w9tm1e.jpg
(3)  https://c450v.alamy.com/450v/ewc253/no-access-sign-in-countryside-ewc253.jpg
(4)  https://c450v.alamy.com/450v/ey37mm/private-land-no-public-access-sign-by-grazing-meadows-in-the-norfolk-ey37mm.jpg
(5)  https://c450v.alamy.com/450v/m1gdn4/strictly-private-keep-out-sign-on-old-gate-m1gdn4.jpg
(6)  https://upload.wikimedia.org/wikipedia/commons/7/73/Another_part_of_RAF_Shawbury_-_geograph.org.uk_-_658196.jpg
(7)  https://c450v.alamy.com/450v/ehacrm/construction-site-keep-out-sign-ehacrm.jpg


Feel free to choose a different example if the concept is difficult to explain for package delivery.

BTW, let me point out that choosing not to take legal action is not the same thing as giving permission.
And assuming that no one will take legal action is not the same thing has having received permission.


-- 
Arne Johannessen
<https://wiki.openstreetmap.org/wiki/User:Arne_Johannessen>