Laws

[poddle]

So reading your post Tim, it would be fair to say that entering private land commits an offence? and removing stuff from that land IS an offence if you do not have permission to be there?

You state that it is a crime if you do not have permission to be there, which is exactly my point, you are breaking the law.

Which ever way you look at it, you are breaking the law.

 

[phill_ue]

So reading your post Tim, it would be fair to say that entering private land commits an offence? and removing stuff from that land IS an offence if you do not have permission to be there?

You state that it is a crime if you do not have permission to be there, which is exactly my point, you are breaking the law.

Which ever way you look at it, you are breaking the law.

So don't go onto private land! There is tonnes of public access land that has wild edibles growing on them, it would have to be a slow crime day to get arrested for picking blackberries!

 

[pango]

What rant?

Sorry Durulz, I scrolled to the top post to read the name of the OP without realising there was a 2nd page. Your name came up tops! Ha ha!

My faux pas has now been rectumfied!

 

[phill_ue]

There's nowt like keeping a fellah on their toes!

 

[poddle]

The underlying law that would prevent you from picking stuff would be the trespass laws

These are generally enforced via class action (you being sued)

The point being is that we/ you/ I should have permission to be on the land that we occupy.

Be there with a knife or a fire arm, and you could be looking at a serious amount of time in prison, as that becomes a criminal offence, not a civil one
A farmer could take you to court though if he claimed you took his crop, and if he claimed he was cultivating wild fruits, you could find things going against you,as it would then be his crop.

Basically get permission before entering Intensive Farm land, it's common sense really, and you might even save yourself from injury.

 

[SimonM]

...
I remember too that most folks, if asked civilly had no problems with folks camping on their land. Indeed farmers usually pointed out where to get clean water and hinted that the Missus had eggs, tatties, bacon and butter for sale too
...
cheers,
Toddy

I have permission to use two woods, the most recently gained only 2 weeks ago.

I turned up, with my 10 year old son in tow, asked for the land owner and explained what I would like to do.

The land owner was very helpful, even giving me a key to the toilet block on his nearby caravan site! I have permission to dig latrine and fire pits and have the freedom to go anywhere in his wood.

The only caveats were to ring him the day that I intended to stay out, so that he knew who was on his land and not to shoot the pheasants that he had released (he doesn't shoot, he just likes them)

So, as Toddy says, ask nicely and in most cases you will get a yes

Simon

 

[pango]

I have to say that I'm horrified by some of the intricacies of trespass laws posted here... sued for picking brambles!!! I'm used to taking trout from the nearest stream or loch, going where and doing whatever I please, short of starting a forest fire while armed to the teeth.

I'm having to move to London in the next month or so. What the hell am I going to do?

 

[phill_ue]

I have to say that I'm horrified by some of the intricacies of trespass laws posted here... sued for picking brambles!!! I'm used to taking trout from the nearest stream or loch, going where and doing whatever I please, short of starting a forest fire while armed to the teeth.

I'm having to move to London in the next month or so. What the hell am I going to do?

About twenty years in the electric chair if you believe this lot!

 

[Toddy]

I have to say that I'm horrified by some of the intricacies of trespass laws posted here... sued for picking brambles!!! I'm used to taking trout from the nearest stream or loch, going where and doing whatever I please, short of starting a forest fire while armed to the teeth.

I'm having to move to London in the next month or so. What the hell am I going to do?

Starve for a breath of freedom and fresh air by the sounds of it


Times like this we really see how crowded our modern world actually is.

cheers,
Toddy

 

[pango]

Breac à linne, slat à coille is fiadh à fìreach - mèirle às nach do ghabh gàidheal riamh nàire.
A fish from the river, a staff from the wood and a deer from the mountain - thefts no Gael was ever ashamed of.

cheers,
Toddy

Not to mention the occasional cargo of whisky, ochone, ochone!

 

[Tengu]

You know, this week, I have noticed a strange new animal in the fields. (I believe its domesticated, but Im not sure.)

It has a big.....(Do you think I should get one? Think of the status I would get leading it and its big ......around. But I fear they eat lots as they are huge.)

They invaribly come with a sign

BEWARE OF THE BULL; ENTER AT OWN RISK

Has anyone seen an animal like this?

 

[Toddy]

Not to mention the occasional cargo of whisky, ochone, ochone!

Ah well, there is that !

cheers,
Toddy........who once spent 4hours stuck on the M8 at Renfrew 'cos a whisky tanker had overturned and the Excise men wouldn't let anyone off until they'd hosed the lot into the drains

 

[jonajuna]

i go to a field and take 25% of the 100 shrooms growing there, ive left plenty no problem.

a.n nother follows my footsteps later that day, takes 25% of the 75 mushrooms there, he left plenty so no worries

Miss B Hayving pops out that evening and takes 25% of the 56 mushrooms, not many left she thinks, but ive only took a quarter of whats here, no worries

you see where im going?

its not the laws thats the problem, or the landowners or our increasingly undiverse natural resources

the problem is too many people in too small a space

as Agent Smith (in The Matrix) said,

"I’d like to share a revelation that I’ve had, during my time here. It came to me when I tried to classify your species and I realised that you aren’t actually mammals. Every mammal on this planet instinctively develops a natural equilibrium with its surrounding environment, but you humans do not. You move to an area and you multiply, and multiply until every natural resource is consumed. The only way you can survive is to spread to another area. There is another organism on this planet that follows the same pattern. Do you know what it is? A virus. Human beings are a disease, a cancer of this planet. You are a plague, and we... are the cure."

 

[poddle]

Exactly JonaJuna, and that is why land has to be managed.
And that is best done by the owner.
:You_Rock_

 

[phill_ue]

In reality, that wouldn't happen, so stop being so melodramatic! Besides which, what you see is the fruiting body, more will come up so it is not an issue at all.

 

[poddle]

In reality, that wouldn't happen, so stop being so melodramatic! Besides which, what you see is the fruiting body, more will come up so it is not an issue at all.

Yes its amazing what suddenly pops up isn't it Phil?

 

[jonajuna]

replace mushrooms with seedpods, fruit, tubers, wild flowers, fallen wood

the point isnt about what we take as individuals, but what we take cumulatively

 

[Peat]

There's an old rhyme that seems apt for this discussion.

"The law doth punish man or woman,
Who steals the goose from off the common.
But sets the greater felon loose,
Who steals the common from the goose."

okenest:

 

[durulz]

i go to a field and take 25% of the 100 shrooms growing there, ive left plenty no problem.

a.n nother follows my footsteps later that day, takes 25% of the 75 mushrooms there, he left plenty so no worries

Miss B Hayving pops out that evening and takes 25% of the 56 mushrooms, not many left she thinks, but ive only took a quarter of whats here, no worries

Yup, OK - I see that. A good point well made.
But.
It's left me wondering what you are suggesting. I will assume, of course, that we are talking about picking and foraging items that are growing wild and are not being cultivated. So are you saying that we should ALL stop foraging, or that SOME of use stop foraging? And who decides who can and who can't? Is it just for an elite few? Those who own the land? Are we all allowed, or none of us allowed? And how does one legislate for that? I would emphasise, again, that I make the assumption that we are talking about wild growing plants and not a cultivated crop.

On a wider note (and not one I am suggesting Jonajuna has made) I find an instinctive dislike for this 'I'm the landowner, I know best! Now bugger off!' attitude. Fine, if you want to adopt that supercilious attitude, but don't come moaning to me because people no longer buy local and farmers are having it tough. If you don't have respect for me then don't expect me to have respect for you.

 

[rik_uk3]

Yup, OK - I see that. A good point well made.
But.
It's left me wondering what you are suggesting. I will assume, of course, that we are talking about picking and foraging items that are growing wild and are not being cultivated. So are you saying that we should ALL stop foraging, or that SOME of use stop foraging? And who decides who can and who can't? Is it just for an elite few? Those who own the land? Are we all allowed, or none of us allowed? And how does one legislate for that? I would emphasise, again, that I make the assumption that we are talking about wild growing plants and not a cultivated crop.

On a wider note (and not one I am suggesting Jonajuna has made) I find an instinctive dislike for this 'I'm the landowner, I know best! Now bugger off!' attitude. Fine, if you want to adopt that supercilious attitude, but don't come moaning to me because people no longer buy local and farmers are having it tough. If you don't have respect for me then don't expect me to have respect for you.

Its the OWNERS land! If he, she or they don't want you there then fine, its their right. I would not think most people would want to pitch camp before deciding to buy off that particular farmer either. I've an instinctive dislike for people who presume they can demand their wants over the legal owners rights. Whats wrong with just accepting the fact that some legal owners of land just want their property to remain private?

We have talked here in the past about finding a nice quiet spot to camp (with permission) and the fact that we often keep these spots to a small group; the reason is that a bigger group would spoil it. Point of fact that four of us are away next week to 'our' spot near Sennybridge and thats all the details we will give. This is not being mean but we know the spot cannot sustain big groups, we have permission to use it and that permission will remain as long as we keep up our end of the bargain and not have it wrecked by well meaning others. Everytime a camper goes and does their own thing on private land potentially shuts the door for others to ask to use that land with permission so think on that please.