The Book of Trespass: Crossing the Lines that Divide Us

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Weaving together the stories of poachers, vagabonds, gypsies, witches, hippies, ravers, ramblers, migrants and protestors, and charting acts of civil disobedience that challenge orthodox power at its heart, The Book of Trespass will transform the way you see the land. The birds now are loud, and the trees either side of me are a chaos of song, a wild, dissonant ringing chorus which reflects off the surface of the river with the first light of the day. I feel the touch of the sun as it rises over the tops of the leaves…And I feel, in more ways than one: the land is awakening’

Crucially, and ambitiously, he argues that “Englishness has always been defined by the landed lords of England and fed in columns of hot air to the landless”: our old friend, nationalism as false consciousness. Globally, an imperial machinery of slavery and conquest both bankrolled and legitimised the “cult of exclusion” that kept the English off their own turf. At home, the “magical architecture” and seductive contours of the great estates lent that dogma a patina of beauty and grace. Meanwhile, poachers swung from gibbets, plantation slaves toiled and died, proud commoners became a cowed rural proletariat and, in post-industrial mass society, the heritage industry served up centuries of mass uprooting and intimidation as a glorious aristocratic legacy. Land became a “commodity alone”, “partitioned from the web of social ties” that truly gives it value. The author takes us on a trespassing journey each chapter with a focus on certain aspects of common law and inequalities. At times the flow can be a bit of a ramble (no puns here) but overall the writing is engaging and quite accessible. The central message of his book is that everyone should have access to the joy of nature, and its mental and physical health benefits – a vision restricted by an elite circle of proprietors. “Areas of land we do have access to are basically nowhere near cities, or large conurbations,” he said, calling for public access to the green belt, which is “within easy access to 60 per cent” of the population. “Why do we exoticise nature as a holiday destination, or something you only visit on rare occasions? Why can’t it be part of everyone’s daily existence?” Otto Ecroyd on his Northbound and Down journey: ‘I left a top job in the city to cycle 5,000 miles’ Please bear in mind we all work part time and have limited capacity to respond to enquiries outside our core areas of work.Brilliantly argued, The Book of Trespass explores with clarity and courage an ancient problem in radically new ways . . . Hayes unearths the psychological preconditions that empower and legitimise these monumental inequalities Scots have the right to buy land as a community interest. This is a law we need in England immediately, Communities have a right to have a say in the land they inhabit. Content highlighting – users can choose to emphasize important elements such as links and titles. They can also choose to highlight focused or hovered elements only. Hayes is an alert, inquisitive observer . . . He works also in the tradition of nature writers like Robert Macfarlane ... This sensibility gives him a poetic sense of the different ways that we might use and share the land to the benefit of all . . . Beyond its demand for specific, concrete changes to the law on what land we may step onto and for what purposes, this book is a call for a re-enchantment of the culture of nature * Tribune Magazine *

Before we reached Newell Plain, a keeper wearing the green and yellow Cornbury branding leapt out of a nearby tractor. “You’re trespassing! It’s not your place, what gives you the right?” Hayes questioned the law of trespass with his adversary. “This place is over 5,000 acres – how many do you own?” he asked. “F**k all!” came the reply. “But it’s just the natural law.”

For all its exuberance and erudition, The Book of Trespass is unlikely to cross our culture-war fences. He covers a myriad of topics such as fox hunting, the church, grouse moors, the Roma people and slavery. As befits The Book of Trespass, it starts with the infamous Kinder Scout trespass in the 30s - a good jumping off point for a story about how the common man's right to the use of land has eroded over time to the narrow strip of a right of way. He's not so much angered as deeply saddened by how the land of this beautiful country is owned and managed by the very few for their own personal profit. We are duped into accepting this by the media magnates, politicians and landed gentry whose own vested interests are being protected by the status quo, and yet his argument, eloquently stated, is that this model of land ownership is the very root of social inequality and that greater access to land benefits everyone. His one attempt at trying to enter a dialogue with a seriously rich landowner to try to see another point of view fails - but are we as much to blame for our complicit obedience to sign and fence?

But there is another dimension to trespass that runs deep beneath the scaffold of the law. ‘Trespass’ is one of the most charged words in the English language. For such a small legal infraction, the notion of crossing a fence line, wall or invisible boundary is wrapped in a moral stigma that runs to the heart of English political and civil life. Many of our liberties and the restrictions on them are expressed in terms of land, parameters and property, so much so that it is hard to tell which is a metaphor for the other. As long as what happens on the land is governed by a select few there will never be a society that reflects the values of its constituents, there will never be an England that reflects the values of anything but a tiny minority of its citizens. If we are truly to discover what we have in common, we must be allowed to gather on common ground." This is a passionate, brilliant, radical and persuasive work. Hayes is a trespasser who takes us on a series of walks which explore parts of England (92% of it) we are not allowed to see. Hayes sees truly democratic access to land as key to reducing social inequalities and argues that throughout history the aristocracy have used the arbitrary division of land to sustain their position.Fences, wall and divisions of all kinds run through Hayes’s book – a gorgeously written, deeply researched and merrily provocative tour of English landscape, history and culture through the eyes of the trespassers who have always scaled, dodged or broken the barriers that scar our land. Even with recent, grudging adjustments to the law, people in England have the “right to roam” over only 10 per cent or so of their native country, and to boat down a mere 3 per cent of its waters. In global terms, that’s an almost-unique dearth of entitlement. The length of public footpaths has actually halved, to around 118,000 miles, since the 19th century. Hereditary aristocrats still own “a third of Britain”, even though foreign corporations now run them close (and have colonised the iconic Wind in the Willows villages by the Thames). Hayes wants to understand not just how this theft of access happened, how the old shared culture of the “commons” gave way to absolute rights of ownership, but “why we allow ourselves to be fenced off in this way”. What a brilliant, passionate and political book this is, by a young writer-walker-activist who is also a dazzlingly gifted artist. It tells - through story, exploration, evocation - the history of trespass (and therefore of freedom) in Britain and beyond, while also making a powerful case for future change. It is bold and brave, as well as beautiful; Hayes's voice is warm, funny, smart and inspiring. The Book of Trespass will make you see landscapes differently -- Robert Macfarlane

What a brilliant, passionate and political book this is, by a young writer-walker-activist who is also a dazzlingly gifted artist. It tells - through story, exploration, evocation - the history of trespass (and therefore of freedom) in Britain and beyond, while also making a powerful case for future change. It is bold and brave, as well as beautiful; Hayes's voice is warm, funny, smart and inspiring. The Book of Trespass will make you see landscapes differently But it offers a sharp-eyed, muddy-booted guide to the process that left the English “simultaneously hedged out of their land and hemmed into a new ideology”. Take it along next time you plan to jump any wall. The first thing you should know is that the famous sign ‘Trespassers Will Be Prosecuted’ is an out-and-out lie. Jolowicz [a Professor of Law] calls such signs ‘wooden falsehoods’, a neat phrase he borrowed from the arch-trespasser of the 1920s, G. H. B. Ward. Since 1694, the misdemeanour of trespass has resided in the province of civil, not criminal, law, and can only be brought to court if damages have been incurred. However, if you resist the landowner’s command to leave, if you are impolite, the police can be called and if you resist them, you can be done for a breach of the peace, or for obstructing a police officer. This isn’t the politics of envy. All we’re asking is that the lines between us and the land are made more permeable I'll be honest with you, I'm not much of a reader of non-fiction so in a bookstore I would totally have just walked pass the book. As it is, the book became available on Pigeonhole and the title and description of the book intrigued me so I signed up for it.Hayes also digs into the history of land ownership in England. Crucially, he links subjection overseas to servitude at home. Land became “commodity alone”, “partitioned from the web of social ties” that truly gives it value. A right to roam modelled on the many other successful examples, which balance community, environment and landowners’ needs and right Users can also use shortcuts such as “M” (menus), “H” (headings), “F” (forms), “B” (buttons), and “G” (graphics) to jump to specific elements. Fundamentally, Hayes urges us all to consider whether the way we currently treat land – as a purely commercial entity, with its commercial value prioritised above all other potential value – needs to be revised and how this could be done. He notes that: