Are Plums free ?

We stopped at our local library yesterday, and spotted dozens of fallen plums on the car park.

Seizing the moment we picked about 4 pounds of plums in a matter of minutes!

Is this legal ?

 

Probably not strictly 'legal' since the plums are owned by your local council or land owner and taking the plums without the owner's permission could be seen as theft.

On the other hand you have removed a health and safety hazard as members of the public might have fallen on the plums and could then have sued the council. So you've probably done the council and public a service and should be commended for your public spirit. :thmb: :ntwrth:

 

There was a case a year or so ago in the papers where someone was cautioned or charged I can't remember the details for picking brambles I think it was.

 

You could argue that the council don't actually own any land, they just manage it on behalf of the taxpayers.

On the other hand, council staff can be jobsworths at times. I remember reading about a bloke that lived right on the seafront. He took some sand off the beach (can't remember why), and the council threatened to prosecute him for theft. In response to that he said he'd put it in his wheel barrow and put it back on the beach, but the council if he did that they'd prosecute him for littering.

 

I've got some pebbles from the beach to add to some gravel from B&Q but got them at at 6 in the morning to avoid the jobsworths. This is also illegal as they reckon it is part of the sea defenses or something. Thing is the beach in question is 7km by 1km wide of cobbles pilled high so you could probably take a lorry load every week without making a differance the ptb don't seem to have any logic when it comes to these things.

 

legal ? nope

from the "legalbanter.co.uk" website

"'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.
For the purposes of this subsection "mushroom" includes any fungus,
and "plant" includes any shrub or tree' (Theft Act s.4(3)

It is essential that the plant be "growing wild" rather than
cultivated, but you are certainly OK with brambles"


As I assume the council planted the plum tree and look after it, the fruit would I assume be cultivated.

 

Thanks for the replies, interesting reading !

The Jam is yummy !

Guess I'll have to eat all the evidence ! hehehe

 

Oh no, I'm shaking in my boots !!!!

 

Well... you learn something every day..
A very interesting read.
robert

 

Is picking up fruit that has fallen of it's own accord not known as "windfall" or am I getting it mixed up with something else?

 

Picked another 10 pounds today!

Interesting though that I had to wait my turn! There were plenty of people picking them today - made me feel a lot better.

A fellow gatherer informed me that there are lots of Eating Apple tree's in the vicinity - can't wait to check them out too!

TTFN

 

Section 1 of the Theft Act 1968 defines theft as:

[align=left]' .... dishonestly appropriat[ing] property belonging to another with the intention of permanently depriving them thereof ...'[/align]

[align=left]Section 2 states:[/align]

[align=left]'It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.'[/align]

However, I wouldn't worry too much oktarine, shiney may already have reported you, but you do have a defence under Sec. 2.1.(b) which states ...

[align=left]'A person’s appropriation of property belonging to another is not to be regarded as dishonest -[/align]

[align=left](b) if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it ...' [emphasis added][/align]

Of course you (i.e. all of you) could be constituting an 'elf 'n safety' risk by dodging about picking up yer plums and not concentrating on any approching vehicles.

I suggest, should you received 'a visit', that you offer that nice man from the Council a pot or two of the jam - hope you kept the stones, he'll be entitiled to those too of course. Conversely, for him not to be an accessory, you will have to remove all the sugar!

All that, and not one reference to 'plummy' accents.

 

Oktarine: I have done just what you did and lovely jam it made too! They were going to waste, no one wanted them so I see no harm. But as others have said there could be problems.....pretty unlikely though.

......how bizarre!