Yes it is, however I also see conflict if the state controlled all the land as well. So maybe the question is why in both circumstances would we see conflict and which is the better of the two options.. or more to the point is a balance required between public land and private land?
I personally prefer the latter of the options. The state can protect public parks, national parks and historic buildings, so all members of the public reagrdless of wealth can enjoy them. The private sphere is exactly that, something removed from government interference and where people should have some right to exclude others.
Agree with this. The qualification I would put on it is the level of "state" control. My understanding of it, and I'm no lawyer, is that rights of way are enshrined in common law, and similarly spaces such as parks, public beaches and town squares could be kept open in this way without being actually run by the state. Local trusts, charities or volunteers could do this. I don't see much need for active administration of rights of way or open spaces provided there is a mechanism to stop people blocking them.

