[OSM-talk] Examples at https://wiki.openstreetmap.org/wiki/Key:access

[Colin Smale]

On 2020-05-25 10:27, Florian Lohoff wrote:

> A small and very vocal part of the German community proposes to tag
> EVERY driveway - no matter if it has a gate or sign with access=private.
> Somebody slipped stuff into the German access=private page which i
> removed a while back as it had no consensus. Still some continue with
> this practice and for me they break the delivery use-case and a lot of
> other stuff (You cant to blind navigation to the front door as private
> has to be honored)
> 
> You cant tell whether this access=private is okay to break, and the
> other not.

"private" is not the same as "no". It simply means that the owner has
the right to decide who to admit, and the default is "no access" unless
you have explicit or implicit permission from the owner. 

With respect to private driveways, they are simply private. The owner
will tolerate friends and neighbours, postmen, delivery drivers etc
coming to the door - you could say they have implicit permission. A
random person however has no implicit permission and must keep out. 

In Germany it sounds like it is the same as it is here in the
Netherlands. If you don't put up a sign saying "keep out" or equivalent,
no actual offence is committed by passing the sign onto your land.
However you, as the land owner, have the sole right to erect such a sign
at your discretion and to make the rules as you see fit. 

There is also the category "access=permissive" which is in the middle.
You have no statutory right to access the land, however the owner has
clearly decided to allow the public access (i.e. everybody has implicit
permission). The owner can (in theory at least) rescind that implied
easement at any time or otherwise restrict access.
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