Farmer Bjørn Helge Kristoffersen walks along the new stream fence he has put up. – If I don’t block off the field, they will just drive in here. They make fires and everything possible in my field. And goes to the toilet, explains the farmer from Leknes in Vestvågøy municipality in Lofoten. In recent years, he has put up 5-6 fences along his private road. And they have to stand until well into the winter to keep the tourists away, according to him. An expert in common law says that farmers are not necessarily allowed to put up the fence to keep tourists away. Read more about that further down in the case. Pooing on his fields There is no stream in Kristoffersen’s fence and no animals using the pasture either. The fence is only to “scare” away the tourists who take over Lofoten every year. – Why is it so problematic for you as a farmer? – At this time they trample the crop, says Kristoffersen. Farmer Bjørn Helge Kristoffersen says that one must stay away from livestock for 48 hours if one comes from abroad. This is to prevent infection. Photo: Vilde Bratland Erikstad / news In addition, he says that they leave behind on his land, play football in the field, make fires and that there is rubbish left behind. – When they leave the pasture and cultivated land, there is a great infection pressure, since they come from open fields. And it’s not just Kristoffersen who is starting to get enough of this. Otherwise, the local population is also plagued by tourists who settle in, says the farmer. – Before I got the sign, they went into the bullpen if the gate was open. No place belongs at home, says farmer Bjørn Helge Kristoffersen. Photo: Vilde Bratland Erikstad / news – I don’t think they understand that this is cultivated land. The farmer does not know English. But he believes that he makes himself understood by the tourists who he believes are settling in. – All the tourists “understand Norwegian” when I tell them where to go. It was Lofotposten that mentioned the case first. – It does not seem that Lofoten is ready for tourists. Lofoten has become a very popular destination. In the first three months of the year, a new record was set for the number of overnight stays, figures from Statistics Norway showed. But summer is the peak season. A report from Menon showed that 75 per cent of all accommodation in Lofoten and Vesterålen takes place in the summer. Photo: Vilde Bratland Erikstad / news Tourists also make vegans more crowded. Last year, the Lofoten farmer had to turn around the clock to get away from working in the fields at night. This is how he got away from the traffic. – I have nothing against tourists, and it is good for those who invest in it, but it must not be the case that one professional group is hit extra hard. Line Renate Samuelsen in Destination Lofoten says it is sad that tourists settle in and camp in the farmer’s infield. – It is perhaps not so easy for everyone to understand what is an infield and what is an outfield. But I think some people stretch the common law a little too far, says Samuelsen. Line Renate Samuelsen in Destination Lofoten understands that tourists camping on cultivated land is a problem. Photo: Vilde Bratland Erikstad / news The farmer has called for better information for tourists. Samuelsen says that they lack resources. – We do the best we can through those channels and with the resources we have. We need resources and contributions to get good visitor feedback and to take better measures, so that we get information out to those who need it. A measure that has worked well in the past is no longer possible, precisely because of a lack of people. – We have had good experience with people out in the field working. Unfortunately, we don’t have the resources for that, even if I wanted to. – How could you get more resources? – It is the famous visitor contribution that we are waiting for. Lofoten is an icon in the Norwegian context. We have 41 visitors per resident per year. The resources we have to follow this up are minimal, concludes Samuelsen. – May be illegal Lawyer Fredrik Holth, of the firm Holth & Winge, is an expert in the common law and teaches courses in the open air law among other municipalities. He says that the legal starting point in the Open Air Act is that wherever one is allowed to travel on foot on an area that is not inland. Inland areas are, for example, house plots, farmsteads and cultivated land, says Holth. Fredrik Holth, of the firm Holth & Winge, says electric fences on open fields are not necessarily legal. Photo: Kristoffer Søvik / news The fencing of the Lofoten farmer may be illegal. There are also duties on landowners in the Open Air Act. – When this law was made, it was also assumed that erecting fences for animal husbandry must not be an unnecessary obstacle to the public’s traffic, says Holth. This states that the person who keeps animals on pasture must adapt the fence maintenance so that this also takes into account the traffic of the general public. But the lawyer adds that this is only if it is not a great burden for the landowner to fence in another way. Rules for accommodation in nature The Allemannsretten gives you the right to travel and stay in the countryside in Norway, as long as the travel is done considerately and with due caution. Nevertheless, there are a few things you must keep in mind if you are going to spend the night in nature. In the outback, you can set up a tent or hammock, but no closer than 150 meters from the nearest inhabited house or cabin. You can camp there for up to two days. If you are in the high mountains or far from settlements, you can camp longer. You can only set up the tent or hang up the hammock on the infield if you have permission from the landowner or user of the property. You may also want to check if there are any local regulations for where you are. The municipality can introduce traffic restrictions In Norway, a building ban applies in a hundred-metre belt from the sea and fjord. This is set, among other things, to ensure general traffic along the sea. – But you have to get down to the beach zone. Here they have to cross private property to get down there. You can’t, says the farmer. – But is this actually true? That the property is private is not legally relevant, says Holth. If the area the tourists have to cross is considered inland in legal terms, the lawyer believes that the farmer is right. If the tourists are to a very large degree a nuisance for farmers like Bjørn Helge Kristoffersen, the municipality can choose to put up signs or barriers that prevent the tourists from passing by. Photo: Vilde Bratland Erikstad / news – If it is considered an outfield, he is wrong. This is always a concrete assessment, but the Supreme Court has stated that landowners in the beach zone must tolerate more than elsewhere. – But what rights does it give the farmer who is tired of the tourists? – If the traffic is such a nuisance for landowners, the municipality can, for example, introduce traffic restrictions. – But then the problem must first arise. One cannot advance the problem, adds Holth. Published 04/07/2024, at 15.35
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Farmer set up electric fence to keep tourists away – news Nordland
