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

[Florian Lohoff]

Hi Colin,

On Mon, May 25, 2020 at 10:54:46AM +0200, Colin Smale wrote:
> > 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. 

For some/all routers it is. At least for my QA stuff i use OSRM
with default car profile has private -> no. It on the access
restrictions blacklist.

Those ways basically drop of the graph. Which is IMHO correct.
We/Technology cant decide whether we fall into that category of beeing
allowed to traverse that specific part of the road network. So
technology has to refrain from using it.

> 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. 

No - I see this behaviour more as "permissive" - Because you dont have a
blacklist until you find somebody to deny access.

On the opposite private is "Everybody is on the blacklist with some 
exceptions". This is not the way a default driveway works.

You implicitly allow anyone visiting you to use it, until somebody
shouts at you.
 
> 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. 

Correct - But thats a legalese of private property. So its a matter of
ownership not a per se access restriction. Access restrictions come into
the game as soon as there is a visible intention e.g. "Keep out" "No
trespassing" or even some physical barrier (Which might be a simple
rope)
 
> 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.

permissive is the opposite of private.

permissive	-> Anyone until further notice
private		-> Noone until further notice

And driveways are for welcoming people you most certainly dont know in
advance. So a driveway by behaviour is not private unless you explicitly
want it that way.

Flo
-- 
Florian Lohoff                                                 f at zz.de
        UTF-8 Test: The 🐈 ran after a 🐁, but the 🐁 ran away
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