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AIBU?

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Original poster

I just been accused of THEFT - the guy is bonkers!!!!

50 replies

LittleTree1 · 27/08/2017 20:22

I walk my dog a similar round trip most evenings. One of the country lanes is bordered by lovely huge pine trees. My children love making craft things out of natural objects so I've been meaning to collect a few of the huge pine cones these trees drop for some time (they are just left there to rot otherwise). Today I remembered to take a small bag and proceeded to collect a few. I was on the lane, then there is a little embankment (prob 5m wide) then there is a fence and a horse place. I was on the edge of the road and just collected a few next to the road (there were about 30 or 40 on the floor). As I was walking away a man came up to the fence and shouted 'hey, what do you think you are doing?' I assumed he had misunderstood something so I said I was just collecting a couple of the fallen pine cones. He then proceeded to tell me I was stealing his property and I needed to put them back. He was being quite aggressive in tone and marching over towards the fence, so I just said they were on the road and walked off. The trees were my side of his boundary fence and I believe are maintained by highways. Was IBU - and if so where does this leave blackberry pickers, children picking up sticks, etc, etc! Have to say I'm tempted to find a different walking route!

OP posts:
riceuten · 27/08/2017 21:23

It's not that atypical of [some] countryfolk, sadly, who regard everything up to the middle of the road as "Moi laaaaaaaaaaaaaaaaand"

HateSummer · 27/08/2017 21:24

Also if you cut a neighbours tree aren't you supposed to put it back over their fence and not keep it?

Yes, but if fruit from their tree falls onto your garden, I think you can keep it

Well well well. Thank you for this nugget of information. Tomorrow my neighbour's are getting back their ugly tree branches that I had to pay to chop down as it had taken over half our garden.

Bettyspants · 27/08/2017 21:25

Miserable old cunt.

Manclife · 27/08/2017 21:29

If the tree is his then it is theft and he's a grumpy sod. That said there is no way in a million years it would be investigated by police.

If you cut branches off a neighbours over hanging tree and throw it back over you could be sued, you're supposed to ask if they want them back not just throw them over.

Oh and picking wild berrys and selling them (even in a pie) is illegal too.

Fluffypinkpyjamas · 27/08/2017 21:33

Lob them at him! and run away really fast

Gabilan · 27/08/2017 21:35

Could be he's just grumpy. On the other hand, pine cones don't just rot. They provide important homes for invertebrates and so play a valuable part in the ecosystem.

Either way, I wouldn't give it much head space.

Lipstickjunkie · 27/08/2017 21:42

Next time you see him pretend to slip on them and tell him you will be suing him for leaving his property scattered on the road. 😉

LaurieFairyCake · 27/08/2017 21:56

It doesn't matter whether the tree is his - as soon as it hits the road it's on public property and you can pick it up

You can't scrump for apples with windfalls - they're public property

Now if you walked in his garden and climbed his tree and took them, that's theft/trespass etc

BellaNoche · 27/08/2017 21:59

S.4(3)Theft Act 1968 provides that a person who picks wild mushrooms, flowers, or foliage growing wild on any land will not be liable for theft unless it is for sale or reward.

NB: this excludes protected stuff or if it is on land of special scientific interest .......under other legislation.

OP was on the Highway..... the local plod will not be in the teeniest bit interested in a lovely Mum and kids collecting a few pine cones for family crafty things. Even if Mum's pine cone basket had SWAG written on it .

And as far as fruit/berries are concerned, m'lud, under Common Law, if these are taken for personal use and NOT for sale or commercial purposes, there is no crime.

However...I would be inclined to report to the police that this guy is bonkers and threatened you and your young children while you were on the public highway collecting a few pine cones for craft........and you were all ALARMED and DISTRESSED and your kids are scared
Please could the local police have a word with him? (Because he probably has a shotgun licence and is rather unhinged?)

Pathetic horrible old git. Probably Phillip Green from BHS...Angry

aniceearlynight · 27/08/2017 22:19

Sounds like he has anger management issues. I witnessed a similar (sort of) incident in my local M&S the other day. Perfectly normal-looking middle-aged man in trendy trainers lost his rag because the scanner machine scanned something twice so overcharged him (only it didn't, because he noticed what had happened and called over the unfortunate member of staff who was on automatic till duty). He then started shouting that the shop was trying to steal from him and that if he stole from them he'd be arrested so he was going to call the police and complain that they were stealing from him. He then produced his phone and started waving it round in threatening fashion. Complete twat. I wish he had dialled 999 and been ticked off for wasting police time. Felt very sorry for the (amazingly polite) member of staff who had to deal with him as he shouted loudly and waved his arms around and insisted she call the manager. What an ARSE. Talk about toxic masculinity.

Manclife · 27/08/2017 22:53

@LaurieFairyCake

"A tree or shrub belongs to the owner of the land on which it grows even if its branches or roots go over or under adjoining land. This includes the branches and the fruit of any tree or shrub. "This even applies to windfall apples etc"

www.gardenlaw.co.uk/trees.html

LaurieFairyCake · 27/08/2017 23:03

It's not stealing according to the Theft Act

I just been accused of THEFT - the guy is bonkers!!!!
Manclife · 27/08/2017 23:11

The important but you've missed is 'wild' the tree wasn't growing on the public land and as such was not 'wild' under the act.

SistersOfPercy · 27/08/2017 23:17

@hatesummer

Please don't throw them over. The law says you have to offer the cuttings back, but if the neighbour doesn't want them you have to dispose.

LaurieFairyCake · 27/08/2017 23:23

No, it applies to fruit growing on any land that ends up on public land.

See here: www.lawteacher.net/lecture-notes/theft-lecture.php

Manclife · 28/08/2017 10:42

@LaurieFairyCake the word is WILD the guy owns the tree therefore it's NOT WILD.

Wild growing daffodil then no theft, planted one theft.

BananasAreGood · 28/08/2017 11:22

This reply has been deleted

Message withdrawn at poster's request.

Slarti · 28/08/2017 11:24

@Manclife

How do you figure he owns the trees outside the boundaries of his land?

JacquesHammer · 28/08/2017 11:35

Well well well. Thank you for this nugget of information. Tomorrow my neighbour's are getting back their ugly tree branches that I had to pay to chop down as it had taken over half our garden

The nugget of information wasn't quite correct. You're technically supposed to OFFER the branches back however if they don't want them the onus is on you to dispose of them.

Ttbb · 28/08/2017 11:44

Foraging isn't theft.

Manclife · 28/08/2017 11:56

@Slarti how do you know it's not on his boudary? Most land tends to run to road/path so even though an embankment it's likely to be his land too. However, if it's not his land then it's not theft. Either way the cops won't give a monkeys and the guys a tool.

deadringer · 28/08/2017 14:16

Surely if the pine cones are his property he should be done for littering?

HateSummer · 28/08/2017 14:29

The nugget of information wasn't quite correct. You're technically supposed to OFFER the branches back however if they don't want them the onus is on you to dispose of them.

😂😂 oh crap. Thanks.

FluffyPineapple · 28/08/2017 14:38

😂😂 Another case of the World's gone mad!

When my children were in primary school they had regular nature walks, picking up leaves, pine cones, acorns etc for their art projects. In fact so did I (many moons ago)

In fact I have see groups of pre school children, with their teachers, doing the very same thing on my regular dog walking routes.

I'll have to let the pre school know they are teaching 4 year old to be criminals!! 😂😂

Bloody sad git!!

Manclife · 28/08/2017 14:47

Do people not read posts properly. If the tree is growing wild (i.e. In a forrest) it's not criminal to collect fruit. So the school won't be doing anything wrong. If it's not wild (as in planted) then it would be unless there's permission. But this is all theoretical.

Oh and no it wouldn't be littering either.

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