"Alex Weech" <os...@alexweech.com> writes:

> Another thing I just thought of over breakfast, in New Hampshire by
> default private land has public access, and landowners have to post
> that trespassing is not allowed. It could be that that's a quirk of
> this part of the world, and other places don't have a posting
> requirement, which is why there's some cultural disconnect.

It is likely the same law has Mass, but I think you have the details of
"public access" subtly wrong.  I think the law says:

  Being on someone's land without permission is trespassing, but this is
  not a crime.

  If it is posted, or you have been told, then it is a crime.

From that, one can not conclude that "by default private land has public
access" in the OSM sense.  You can only conclude that "if you walk on it
you are not committing a crime".  In OSM, access=yes means "the public
has a legally-enshrined right of access", so not only can you go there,
but other people cannot tell you not to go there.  This notion of a
right is foundational to access=yes.

I agree we need a new tag.  As I see it

  access=yes

    legally-enshrined right of access, like a public street.  (Also used
    for private conservation land where the landowner invites the
    public, even though technically they could change the rules.)
    Perhaps shopping centers, even though not a right, it's close in
    practice.  Essentially always in truly public places.

  access=permissive

    no *right* of access, but generally understood that the landowner
    does not object to typical use.  Often on trails not near houses
    that cross private land, but without an easement.  Basically can
    only be added by a local because it is essentially never signed.

  access=private

    There is no right of access for random people.  There is no social
    expectation that it is reasonable for people to go there for for
    arbitrary purposes.  (For example, an actual neighbor coming to
    introduce themself, etc. is ok.)  This is the default assumption for
    driveways in New England - basically actual neighbors behaving in an
    actual neighborly way that they wouldn't mind someone else doing at
    their house is ok, deliveries ok, maybe gathering signatures for
    ballot access ok, and pretty much anything else not ok.

  access=private
  sign:no_trespassing=yes

    Further means there is a no trespassing sign.

  (we already have a way to map gates.)



What is the actual problem with other people's driveways being marked
access=private on the map?  yes, driving on is usually technically not
illegal, but unless you are going there because you were invited for
have a reason they'd approve of, it's basically not ok.

If you object to pink dots on driveways, I'd say that access=private is
what is expected so the renderer should be fixed to not show that and
show other access values.

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