Who owns and who can use unfenced land. Where can shepherds graze their flocks?

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18 Feb 2011 12:00 AM by amogles Star rating in El Campello (holiday.... 174 posts Send private message

 

Hi,

Maybe this is a stupid question, but it seems to me that a lot of land in the Spanish countryside is unfenced.  Sometimes you see signs that hunting is forbidden. Does this mean that in general hunting is permitted on other people's land? Also, how does it work with the shepherds and their flocks. Can these go wherever they like or do land owners have to agree. Why is so little land fenced? Is there a law against fencing and does a land owner have to tolerate people walking on his land etc.





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18 Feb 2011 2:08 PM by guslopez Star rating in Lorca, Murcia.. 744 posts Send private message

Regarding hunting, yes they can roam & shoot on land that does not have official signs saying that it is for the landowner only. The licence for the signs is obtained from the town hall. As regards grazing , I don't know for sure but it could well be the same. As for fencing , no there's no ban on it but to the spaniards , what's the point ?  yes I think they have the right to wander on unfenced land, no different from the hunters.



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18 Dec 2011 9:09 PM by arne56 Star rating in La Cañada and Uppsal.... 192 posts Send private message

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As beeng from Sweden, I think there is too much fencing in Spain. I understand that farmland sometimes has to be fenced to protect it from animals, but unculivated land should be open for anyone to walk on. In seden you are also allowed to pick anything (whith some exeptions) that growes on the ground.

Or is it that the fesing is to stop people to throw garbage into the private land?

Referring to Sweden again you should not be allowed to hunt on others private land wihithout permission and licence.



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19 Dec 2011 9:34 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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 Grazing rights are of course regulated by Law: national, regional and local ones. It is part of the ownership rights of the owner of the land and they can be part of agreements and transactions ( rentals...)

There are also public grazing places and regulations for these.

 



This message was last edited by mariadecastro on 19/12/2011.

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19 Dec 2011 5:04 PM by claire T Star rating in Torremendo, Orihuela. 688 posts Send private message

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I have recently moved to the country and get very confused about where I can walk and where I can´t.  A friend and I went on a walk recently and did a big circle, ending up at a fence with a sign saying no entry - however we were on the wrong side of it!!

Also, I wondered about the risks of being shot at - accidently of course - by hunters.  Is there a specific hunting season or specific days and times when they hunt?  I plan to do more exploring over the Xmas holidays, so it would be great to know!



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19 Dec 2011 5:33 PM by amogles Star rating in El Campello (holiday.... 174 posts Send private message

This has happened to me on numerous occasions as well.

I've also encountered a number of farmers and their dogs who were not at all amused to find me on their land although I was aware of no wrongdoing having followed a dirt track that didn't have any visible signs that it was private.

That is why I started this thread.

The other reason is that I was considering buying some  cheap land in the campo to try my hand at gardening and I would like to know what rights I would have to put up fences and keep others out.


 



This message was last edited by amogles on 19/12/2011.



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07 Jan 2012 11:29 PM by yb Star rating. 13 posts Send private message

As a farm owner, I would also be interested if anyone can point me to a summary of the rules...

As I understand it, as an owner
- you allow shepherds graze by mutual consent, but generally if no one complains they will use, including ruins.
- you can say its private land, and are allowed to prevent entry, to protect crops/livestock
- you can say its private hunting - but some matriculation is given by town hall ( i need details of this)
- you can say its a reserve ( same principle as hunting, but some how more restrictive ?)

Anyone entering your land, is not allowed to damage, or plunder your assets (eg crops)

Much of the above, cam only be done if you own over a certain amount of land ( think its 2ha?)

This is just what I've gathered from locals, but I'm going to check with town hall.

Personally, I just will prevent hunting, as I have no issues with walkers, or locals gathering mushrooms etc.
(also fencing would stop wildlife roaming, and would be impractical for me)

Locals farmers here, in the most part seem to be the same, though a few fence it off especially if they have livestock for obvious reasons.

Anyone , know more? Do I need to get permissions for signs? ( I was originally told not)



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09 Jan 2012 7:04 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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 As there different type of rules, the most advisable way to be certain on how to " enjoy" the countryside is to request information at the Local Council.  There are also signals giving to you instructions

 



This message was last edited by mariadecastro on 09/01/2012.

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Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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