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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Is this stealing?

82 replies

happypet · 30/08/2022 22:21

We are renovating and have heras fencing across the front of the garden (farther back than what we legally own). I was in the front garden, when I heard someone chatting close behind me- 2m away. I turned to see a women picking blackberries from our plant- which grows in our property. She was chatting to her toddler whilst filling a bucket! I live on a quiet lane, and 6 houses along, its open fields with alot more blackberry bushes to choose from.

Excuse the pic, but I thought it odd that she squeezed herself between our car and the plant- to pick fruit from our bush. I realise its only blackberries, but AIBU that fruit on our property is ours?

Is this stealing?
OP posts:
Dumle · 31/08/2022 08:17

abblie · 30/08/2022 23:02

Are you seriously moaning on mumsnet about blackberries 🤣🤣🤣🤣 Jesus wept

Have you children or work or hobbies you could put yourself into more than a woman picking blackberries with her child.

I would understand if she walked through your gate, up your garden and through your house

Mumsnet is getting weirder by the day

I think your post is the weird one, and you're very rude! It's her bush, on her property. It's perfectly normal to be a bit peeved that someone is basically taking something that belongs to you without asking. It doesn't matter that it's "just" blackberries.

But @happypet , I think you should have talked to her, it might have been a simple misunderstanding and she thought it was a public bush.

SurpriseSurprise · 31/08/2022 08:17

In my old house I had an apple tree in our front garden and had someone pick the apples on it one year. I can never understand the nerve of some people

FindingMeno · 31/08/2022 08:18

Also, if a neighbours tree/ shrub hangs over their fence to your garden, and you trim it ( which you may) technically I believe you are supposed to offer the trimmings and any fruit back to them.
Please correct me if I'm wrong, anyone.

Pussycat22 · 31/08/2022 08:19

God in heaven!!

PuppyMonkey · 31/08/2022 08:23

I didn’t know what Heras fencing was so had to Google and I agree with PP, it sort of looks like a building site set up and the woman might have thought it would be unoccupied and she could sneak a crafty blackberry or two while the builders weren’t there.

Dadaya · 31/08/2022 08:24

If you have a heras fence she probably thought it was a building site or something. Put up a permanent fence and make it obvious that the property is occupied and owned.

InsertPunHere · 31/08/2022 08:26

It’s not theft, the right to forage from wild plants like blackberries has been in English law since the 13th century. Fruit, foliage, fungi and flowers are the 4Fs it’s legal to pick, but you can’t uproot plants.

As landowner you can tell her to stop and she must. But it is not illegal to go on private land to forage UNLESS she’s financially gaining by selling them on.

The only illegal thing she did was confusing thornless blackberries for the wild brambles. Picking cultivated stuff is illegal. However, as they look identical, that’s pretty understandable.

FindingMeno · 31/08/2022 08:28

InsertPunHere · 31/08/2022 08:26

It’s not theft, the right to forage from wild plants like blackberries has been in English law since the 13th century. Fruit, foliage, fungi and flowers are the 4Fs it’s legal to pick, but you can’t uproot plants.

As landowner you can tell her to stop and she must. But it is not illegal to go on private land to forage UNLESS she’s financially gaining by selling them on.

The only illegal thing she did was confusing thornless blackberries for the wild brambles. Picking cultivated stuff is illegal. However, as they look identical, that’s pretty understandable.

That is informative- thanks!

itsgettingweird · 31/08/2022 08:31

abblie · 30/08/2022 23:02

Are you seriously moaning on mumsnet about blackberries 🤣🤣🤣🤣 Jesus wept

Have you children or work or hobbies you could put yourself into more than a woman picking blackberries with her child.

I would understand if she walked through your gate, up your garden and through your house

Mumsnet is getting weirder by the day

Clearly you have nothing better so do that be rude and ignorant on MN?

This is a plant that the OP has planted on her property to pick blackberries because her own disability makes it hard to use the public bushes further along the road.

girlmom21 · 31/08/2022 08:32

InsertPunHere · 31/08/2022 08:26

It’s not theft, the right to forage from wild plants like blackberries has been in English law since the 13th century. Fruit, foliage, fungi and flowers are the 4Fs it’s legal to pick, but you can’t uproot plants.

As landowner you can tell her to stop and she must. But it is not illegal to go on private land to forage UNLESS she’s financially gaining by selling them on.

The only illegal thing she did was confusing thornless blackberries for the wild brambles. Picking cultivated stuff is illegal. However, as they look identical, that’s pretty understandable.

This is why I love Mumsnet. That's really informative - thank you!

OP sort your fence out and don't begrudge a toddler some blackberries, especially when you've said yourself they're available in abundance locally.

MisterMeaner · 31/08/2022 08:34

MaChienEstUnDick · 30/08/2022 23:06

Our garden is up fenced but it's definitely our garden. DH said a delivery van screeched to a halt the other day, the lad jumped out, ran over our grass and started filling his pockets with apples from our trees! Shock Cheeky fecker jumped a mile when DH waved at him from the window.

Joke's on him though, they're sour. I hope they make his shite runny.

Actual scrumping! It fills my heart with joy, that such bygone crimes are still a "thing" today. Put him in the stocks, and pelt him with rotten eggs!

merrymelodies · 31/08/2022 08:36

I would happily share an abundant crop, as long as there was enough left for me... Smile

LuftBalloons · 31/08/2022 08:41

BitOutOfPractice · 30/08/2022 22:57

And what did she say when you approached her about it? I’m

Yes, did you politely point out that the bush is in a private garden and that there are ample blackberries on public land down the Lane?

sandgrown · 31/08/2022 08:42

@DustinsHat thanks for the tip about hydrangeas. Do I just leave all the flowers on it?

SleepingStandingUp · 31/08/2022 08:45

Just say something.

Morning, hello sweetie, you know there's some public blackberry bushes up the end there, these are ones we planted for ourselves. Thanks.

justaladyLOL · 31/08/2022 08:46

Really???????????????????

CaptainClover · 31/08/2022 08:46

You're getting indignant about a very innocuous, tiny misdemeanour that you have partly caused by placing your temp. fencing where it is.

All you had to do was speak to this lady (she was 2m away you said?), tell her that she was actually in you garden (although that wasn't obvious) and that you planned to use your blackberries. Then you could have kindly directed her to some more bushes.

Drama over.

Wisteriaroundthedoor · 31/08/2022 09:01

The diagram makes it look like it’s not fenced in, so just open, and if it’s al mixed in with laurel, then it’s clear she’s thought it just wild.

if you do take issue with a mother and toddler picking some, you need to just speak to her and say oh sorry that’s mine, wild is up the lane. It’s Really not a big deal.

InsertPunHere · 31/08/2022 09:04

@FindingMeno and @girlmom21 - I enjoy a spot of foraging and it is a good idea to know what’s ok to do and what isn’t.

I have favourite spots for wild garlic, elderflower/elderberries, bilberries, blackberries, sloes and crab apples. If I really, really like someone, I might even tell them where. 😉

Choconut · 31/08/2022 09:05

InsertPunHere · 31/08/2022 08:26

It’s not theft, the right to forage from wild plants like blackberries has been in English law since the 13th century. Fruit, foliage, fungi and flowers are the 4Fs it’s legal to pick, but you can’t uproot plants.

As landowner you can tell her to stop and she must. But it is not illegal to go on private land to forage UNLESS she’s financially gaining by selling them on.

The only illegal thing she did was confusing thornless blackberries for the wild brambles. Picking cultivated stuff is illegal. However, as they look identical, that’s pretty understandable.

So it definitely is theft then. You just completely contradicted yourself. Everyone knows brambles are completely covered in bloody awful thorns and if these didn't then they are obviously cultivated. They also tend to have larger and sweeter berries.

You also missed quite a major point in your quoting of the law: As stated in the Section 4 (Property) of the Theft Act (1968) (England and Wales only) previously mentioned, you are allowed to pick wild plants and fungi on any land. However, it’s essential that you get the landowner’s permission to go onto private land.

I'd be pissed off too OP, I have strawberries and raspberries and I certainly wouldn't have randoms wandering in my garden and picking them! I also have some wild blackberries and I wouldn't want people thinking they had the right to forage either! Yeah they legally can along footpaths or if they have permission for the landowner, but not in people's gardens!

You should have just politely said that this was your garden and they were your blackberries but there were more down the road. Otherwise she'll think it's fine to keep doing it.

WonderingWanda · 31/08/2022 09:11

A man told me I wa telling blackberries the other day, I was picking them from the other side of my hedge in the lane, I'm not sure who I was steeling them from.

I doubt in this case she was knowingly steeling, rather she thought they were on the roadside. I think it might be sensible to fence the area off or put a sign up in future.

Krapom · 31/08/2022 09:27

KrisAkabusi · 30/08/2022 22:26

I would think that the property line is normally at a fence, and that therefore the blackberry bush is available to those using the lane. I wouldn't think of a couple of metres of grass as part of your garden if there's a fence further in. I don't think she was stealing, just under the impression that she was picking from a 'public' bush.

This

hewouldwouldnthe · 31/08/2022 09:46

What's heras fencing?

MintyGreenDreams · 31/08/2022 09:49

My dh works for Heras if you want I can get him to email head office to let them know their fencing doesn't do a good enough job of keeping blackberry pickers out

OneTC · 31/08/2022 09:52

I wouldn't particularly consider it stealing unless your asked her to stop and she grabbed some more.

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