Allotment Gardening Advice Help Chat
Growing => General Gardening => Topic started by: lucywil on November 18, 2012, 21:15
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Not sure if this is the right place but had to ask someone, I trimmed some small holly branches ( the tree/ bush was pretty big but I only took small bits) from a woods near our house to make a wreath, I mentioned it on another forum and they are now saying I broke the law and shouldn't be telling people what I did, but is it really that different from taking elderflowers for cordial etc or wild garlic?
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If the woods belong to somebody, it would count as theft............... unless the trees were on common land.
As far as I know apart from the protected species, which you shouldn't touch at all, it's ok to cut leaves, flowers and berries but it's illegal to uproot anything.
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So long as you've used common sense, e.g. a few small cuttings that are not going to adversely affect the shrub's growth.
Legally it's a gray area if the land is private you could get in trouble but you're hardly going to be public enemy no1 unless you are damaging the plant(s) or stunting them.
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When i was a lot younger I used to go to a field to pick mushrooms.I would get a bucket full most days(in season).On the way back home id drop off a few for a retired solicitor who lived near by.There was a path going through the field so as I kept to the path while picking I wasn't trepassing :happy:.One day the farmer saw me picking the shrooms and told me i was steeling.The solicitor told me on my way back that unless the farmer could prove that he had cultivated the mushrooms that I was perfectly within my right to pick them as long as I didn't trespas in doing so.I just went there earlier in the morning after that.I thought that was a bit rich coming from the farmer as he had probably been claiming large amounts of grant's and other government subsidies for decades.
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It comes under the Theft Act 1968.
If, (as MOS says apart from protected species), the plant is growing wild any ANY ground, you can harvest the flowers, fruit or foliage.
Civil trespass in getting to what anyone is taking is a totally different matter.
The goal posts do move if you sell what's been taking, but I'm sure that doesn't come into it in this case.
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Just don't do this:
http://www.bbc.co.uk/news/uk-20471221