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Foraging Fruit is Legal

or so the BBC report..

The Theft Act 1968, for England and Wales, states that:

"A person who picks mushrooms growing wild on any land, or who picks flowers, fruit or foliage from a plant growing wild on any land, does not (although not in possession of the land) steal what he picks, unless he does it for reward or for sale or other commercial purpose."

Are cows classed as 'fruit'?
Duane Dibbley

Woodsmoke wrote:
Are cows classed as 'fruit'?

No, but you may get away with saying that you were picking the grass and the cow just happened to be attached to it.  

Would they be guilty of trespass rather than theft though?--my knowledge of the law is nil--I just wondered. I recently picked a load of sloes growing wild on someones land with their permission--if I hadn't had permission would I have been trespassing but not stealing?

Down here it's theft also trespass plus if we saw anyone picking our mushrooms we would send  dogs in looking for cows or send cows in, best ones had horns as a lot of people thought if they had horns they must be bulls  

I think I remember from somewhere that tresspass is not an offence its a misdemeanor and its the actual damage you do whilst on anothers land that is illegal! so you cant be charged in court with tresspass but with something like willful damage

however if said person on your land without permission falls and hurts themselves or has an accident in any way they can of course sue you for compensation

Ridiculous, isn't it? Up here in Scotland we have no trespass law, which means any Tom Dick or Harry can wander about at will. Any damage resulting from this has to be proven before any action can be taken. Try proving that over a few acres. Or proving exactly which self-righteous 'I'll-go-where-I-please-and-you-can't-stop-me' cretin left the stock gates open.............

We get bobble-hat wearing muppets & lycra-clad mountain bikers wandering right past the 'Private Road' signs at the bottom of our lane & up past out cottage as they see fit. Purdey took a dislike to a group of them during the Summer & they threatened to get the Law involved, even though all she did was bark at them. I was almost apoplectic with rage at their attitude, & that was borne out in my reply, I fear In any case, it had the desired result & they left the way they came in.

I believe English law treats trespass as part & parcel of any damage caused as a result? In that a person can't be charged with trespass in isolation, but any damage charges also include trespass?

Well that was the law here but it got changed if you are not invited tuff luck and if you get done then its a hurt in act of a crime so no ACC cover either   and here trespass will do If you come onto property and straight to house door then that is not trespass unless there is a no trespass order out against you which lasts 2 years  

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