I noticed that there are many misconceptions here on this forum about the wild camping in Europe and have therefore decided to explain and hopefully clarify the situation. The feedback I have received for my European trip reports made me realize that a lot of North Americans are deterred from hiking in Europe because they fear problems when wild camping.
Being German myself this post mostly refers to the situation in Germany but most of it applies to other Western European countries. When researching this post I have talked to German foresters and forest owners in order to give you more than the hiker view of the situation.
First of all you should realize that Europeans have a very different concept of land and property than North Americans and that has mostly to do with the long European history. So let's go back in time and see how the current situation has developed.
As far fetched as it might sound one important factor is inheritance law. Starting from the middle ages agricultural land and forests were bequeathed from father to son – or from father to all his sons which meant that the land was divided. When a son married he could acquire more land by marrying or buying. This land was then again divided between his sons and so on and so forth. With this happening for centuries the result is one huge patchwork of land. In order to access your land you inevitable had to use tracks and trails that were on another person's land. If you were trying to block these access trails you would get into big trouble with your neighbors. As a result tracks and trails were regarded common property – even if they were on private land. Still today in Germany if there is a trail you can walk it no matter who owns the land.
Another common practice in the middle ages were commons or “Allmende”. This used to be land that belonged to a village and was used jointly by all villagers. These commons were mainly forest that was used for grazing live stock. In modern times these commons become state land.
In the 20th century German legislators realized that in such a densely populated country like Germany forest is important for recreational purposes. To give you a perspective: Germany is about the size of Montana. But whereas less than one million people live in Montana, Germany's population is more 80 million! This fact led to various consequences:
Germany's forest is strongly protected! About 30% of Germany is forested. Half of this forest is privately owned, the other half federal or communal land. Because of the factors mentioned above as a hiker you will not be able to see whose land you are on. But it does not matter because the same laws apply to all forest:
Clear cutting is basically forbidden. Only if you are a private forest owner and you can prove that you are in a financial crisis you will be allowed to clear cut an area of maximum of 100 meters by 100 meters, but no more. But other than in this exceptional circumstance clear cutting is forbidden and only selective logging is allowed.
99% of German forest is commercially exploited by selective logging. For a hiker this means that you will find an extensive network of tracks and trails that can all be used for hiking. The waymarked trail network alone in Germany is around 200.000 km (125,000 miles) long! It also means that this trail network is usually very well maintained. Windfall will almost immediately be cleared away. Usually there is not much undergrowth in the forest. Hunting is also very popular in Germany and hunting rights are leased separately from logging rights. You will see hunting seats (a very German invention) all over German forests.
And now comes what will probably surprise North Americans most: German forest law grants a lot of access rights to the public.
Any forest owner (private or public) has to allow access to their forest for recreational purposes.
The law goes as far as to say that any “Keep out – entrance forbidden” sign in a forest can be ignored unless it explicitly states a valid legal reason. You can even leave the trail and walk cross country through the forest. Your access rights explicitly include the picking of mushrooms, berries and (non-protected) flowers for private purposes even on private land . Only in specific nature reserves these rights are a bit more restricted because you have to stay on trails here.
Let's now talk about stealth camping: First of all wild or stealth camping is hardly ever practiced in Germany – not because it is forbidden, but because for the vast majority of hikers there is no need for it. Most hikers you will meet are living in the area. Because of the legal situation described above you can basically hike anywhere in Germany. There is no need to go for a long drive – there is always some sort of forest nearby. You can access almost every trail head by public transport. Therefore most hikers do not camp, but stay in hotels, B&B and the like that are either directly on the trail or can easily be accessed by public transport. Or they just go home and sleep in their own bed. It is incredibly rare to see someone camping in the forest.
Because it is so rare some state laws even “forgot” to explicitly mention wild camping, but nowadays free camping is officially and explicitly forbidden almost anywhere in German forest. This is at least the theory and of course there are some official legal exceptions: Some German states allow wild camping for paddlers along their shoreline and water ways, some offer specific bivouac sites and in all German states camping is allowed in any case of emergency like inclement weather or medical problems.
So much for the theory – now let's talk about what happens in practice. I have camped hundreds of nights in European forests and have not been “caught” a single time. I do not know any European hiker who has been fined for wild camping. As I have mentioned before stealth camping is not wide spread and definitely not regarded as a problem. Therefore there is no one out there trying to catch you. As almost all forest is commercially exploited tree harvesters and tractors are all over the place. Their impact is much bigger than that of a hiker free camping as long as you practice LNT.
I have asked a private forest owner and a forester if they have ever encountered wild campers in their forest and how they would react. Both had to think a very long time to even come up with an encounter. Both said that first of all they would not be angry, but just very surprised.
The forest owner came up with one incident. After talking to the campers who were on a long hiking trip and gave them a free breakfast on his farm….
The forester could not come up with any incident but said he would talk to the campers and find out what they were doing. If they had no camp fire and were not littering he would just let them stay for one night.
But now let's be very pessimistic and see what the worst case scenario for wild camping is. If a forester finds you he can ask you to move on. (You can legally refuse to do so if you can claim a legitimate emergency.) If there is no emergency and you stubbornly refuse to move the forester has to call the police for further action. If the police decides to come out into the forest for a wild camper you can be charged with a misdemeanor. (Wild camping is a misdemeanor and no offense.) In the very worst case you can be fined which will most likely end in a reprimand of 5 – 80 EUR. Higher fines will only be issued if you have lit a fire, littered or destroyed the environment. Free camping in a specifically designated nature reserve can also lead to higher fines. (Especially lighting a fire and the resulting danger of a forest fire can lead to higher fines up to 500 EUR.)
Bottom line: Strictly speaking wild camping is legally forbidden in Germany, but usually tolerated as long as you practice common sense and LNT. In practice you will most likely not encounter any problem and even the very worst case scenario only involves a reprimand and a modest fine. If you decide to free camp NEVER light a fire, do not litter and do not camp in designated nature reserves.
This post focused on the legal situation in Germany, but the situation is very similar in other Western European countries. A noteworthy exception is Britain where hikers had to fight much harder for their access rights, but maybe a British forum member can better elaborate on this. And of course there is Norway, Sweden, Finland and Scotland where the everyman's law applies and wild camping is legal.
Please let me know if you have further questions or comments. I hope I have encouraged some forum members now to come and try hiking in Europe….

