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cinders

Joined: 04 Jun 2007
Posts: 2437
Location: norfolk The daft old bat club

Posted: Mon Jul 23, 07 1:55 pm Post subject:
I've noticed some that overhang from peoples trees on to a lane not sure i'm aloud to pick

cab

Joined: 01 Nov 2004
Posts: 32429

Posted: Mon Jul 23, 07 1:56 pm Post subject:

Eco wrote:

I've noticed some that overhang from peoples trees on to a lane not sure i'm aloud to pick

Knock on the front door and ask. Don't ask, don't get

cinders

Joined: 04 Jun 2007
Posts: 2437
Location: norfolk The daft old bat club

Posted: Mon Jul 23, 07 1:58 pm Post subject:
can't do that i'm shy and

hedgewitch

Joined: 26 Nov 2005
Posts: 5834
Location: Daft wench GHQ

Posted: Mon Jul 23, 07 2:10 pm Post subject:

Eco wrote:

can't do that i'm shy and

go on - decide what you'd like to make, tell them and offer them some of your produce in return for being allowed to pick the fruit.

cab

Joined: 01 Nov 2004
Posts: 32429

Posted: Mon Jul 23, 07 2:13 pm Post subject:

hedgewitch wrote:

Eco wrote:

can't do that i'm shy and

go on - decide what you'd like to make, tell them and offer them some of your produce in return for being allowed to pick the fruit.

Sometimes they'll even present you with a big bag of fruit they're struggling to get through in return for a jar of jam or bottle of wine.

cinders

Joined: 04 Jun 2007
Posts: 2437
Location: norfolk The daft old bat club

Posted: Mon Jul 23, 07 2:16 pm Post subject:
sounds a good idea Now i need to experiment on wine and jam making. Guess i'll need some guinea pigs

skedone

Joined: 19 Oct 2006
Posts: 351
Location: essex inbetween a blue bit and a green bit

Posted: Fri Jul 27, 07 12:41 pm Post subject:

tell me about it mate finding fruit every were but the fungi i find are dead before fully grown i think its the mad weather its cold and wet one min then hot so the fungi is popping up coz of temp drop but then sun is killing them . prime example i found 12 dead parasols today about 1 quarter there size , the reason the temp dropped for 2 days with heavy rain but now its like a min of 20c which is far to hot for them.

as for the fruit if it over hangs public area it is legal to pick but better to ask i used to be shy about it at first but u will be amazed i have made many a new friend since i now ask for permission

Bodger

Joined: 23 May 2006
Posts: 13524

Posted: Fri Jul 27, 07 12:45 pm Post subject:
Cab To be getting blackberries you are months ahead of us.

cinders

Joined: 04 Jun 2007
Posts: 2437
Location: norfolk The daft old bat club

Posted: Fri Jul 27, 07 4:18 pm Post subject:
next week i'm going out foraging and will attempt to ask permission to pick the over hanging fruit

MarkS

Joined: 01 Aug 2006
Posts: 2626

Posted: Fri Jul 27, 07 6:01 pm Post subject:

skedone wrote:

as for the fruit if it over hangs public area it is legal to pick

Where do you get that from ?

If branches overhang then the landowner they overhang on has the right to cut them back BUT the branches cut MUST be given back to the owner of the trees. I'm not aware of any law that allows you to take fruit. In fact I was sure that it is theft.

edit: In fact last year it was all over the papers when someone picked some fruit and made three jars of jam and were prosecuted.

skedone

Joined: 19 Oct 2006
Posts: 351
Location: essex inbetween a blue bit and a green bit

Posted: Sat Jul 28, 07 5:41 pm Post subject:
i got that info from 2 people last year 1 being a lawyer and one being chief inspector of local police station(friend of family) . so i am repeating what they told me but like i say i always ask i even make sure i have permission now days at local woods when im mush hunting

mimborin

Joined: 24 Oct 2006
Posts: 895
Location: near Southampton/ Winchester (Romsey)

Posted: Sat Jul 28, 07 6:37 pm Post subject:

MarkS wrote:

edit: In fact last year it was all over the papers when someone picked some fruit and made three jars of jam and were prosecuted.

Was it a successful prosecution though?

MarkS

Joined: 01 Aug 2006
Posts: 2626

Posted: Sat Jul 28, 07 6:44 pm Post subject:

mimborin wrote:

MarkS wrote:

edit: In fact last year it was all over the papers when someone picked some fruit and made three jars of jam and were prosecuted.

Was it a successful prosecution though?

Yes.

dougal

Joined: 15 Jan 2005
Posts: 7184
Location: South Kent

Posted: Sat Jul 28, 07 8:05 pm Post subject:

MarkS wrote:

skedone wrote:

as for the fruit if it over hangs public area it is legal to pick

'scuse me!

I believe I clarified this previously

dougal wrote:

Lets just clarify the legal position.
If something is growing *wild*, picking it (non-commercially) is defined as not being a criminal offence of Theft. (There may however be other picking restrictions and protections.)
However, that gives no entitlement to be on the land so that you could be picking the wild stuff.
The existence of a public right of way legalises your access.

Put the two together and there should be no legal problem with individuals picking reasonable quantities of something unprotected that is growing *wild*, which is accessible to people *on* the right of way.

{Relevant law was quoted in this post https://forum.downsizer.net/viewtopic.php?p=266600#266600 interesting to check the rest of he thread ?}

So if its
- growing wild
- and picked non-commercially
it can't be a criminal Theft (though that doesn't mean that no other restrictions apply)

And if you are on a Right of Way, you aren't trespassing.

But fruit on a garden tree isn't "growing wild" - so taking it *is* a Theft offence - regardless of whether you happen to be on a public Right of Way when you pick it, you are still nicking it.

wildfoodie

Joined: 05 Apr 2005
Posts: 2169

Posted: Sun Jul 29, 07 7:53 pm Post subject:
I've never been refused foraging after knocking on a door to ask first. most people seem delighted their stuff isn't going to waste.

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