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Spanish Civil Code


The Spanish Civil Code in the article 45.1 foresees the right of the society to enjoy an adequate environment and the duty to preserve it.

The article 388 allows for fencing of and limiting public access to private properties. Nevertheless, traditionally free access is granted to most forests with few exceptions where holding devoted to hunting, truffle production or cattle breeding can be fenced. Forest owners who do not want externals to enter into their property must explicitly indicate so on the limits of the forest with clearly visible signs.

To resume: the Civil Code states all forest owners have the right and the duty to manage their forests in a sustainable way, always not limiting the social use. The owner of the land also owns the fruits of the soil and the subsoil excepting the wildlife (res nullius).

Full reference
Spanish Civil Code, 2009

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Policy area Forestry
Affected activity
Affected actors
Subject Forests, Access
Countries Spain
Regions (NUTS 2) Catalonia
Focus on NWFP
Document category
Instrument type
Legal status
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Geographical scope National
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