Trespass with Foraging

[Doc Holliday]

I was after some Oak Bolete mushrooms which I know grow in this part of the world. I've never had any issues from the land owner or locals and I know I was in the wrong for not seeking permission prior but, knowing what the answer would be, I decided to leave it until such a time arose.

 

That time came the other day. I was in this little strip of woodland (approx. 20ft across) adjacent to a field and apart from brambles and dog roses amongst the oak trees there's not much else going on. A pickup pulls up across the road and this bloke gets out. He comes walking over and I thought 'Here we go!'

'Can I help you?' he asks.

'Are you're the land owner', I reply light hearted.

'I am and I have to inform you that you are on private land', he says. The truth is, the land owner is some Arab sheik and this guy works on the estate. Nonetheless I apologies to him and ask him about gaining permission to collect mushrooms in this small area.

'No. Sorry. If we give it to you then we have to give it to everyone', he says.

I reiterate that it's only for this area here as these mushrooms are quite particular about where they grow.

He's adamant and then asks me to leave. Not wanting to get in to an altercation which could damage any future prospect of gaining permission I leave.

 

Now, I can understand their stance to a degree but when it's a guy of my age, and clearly not a *****, foraging for some decent 'shrooms and not causing any harm in doing so, what's the beef?

 

Ironically, I also collect my sloes from just down the road from here and they also own the land there. I've also seen remnants of sheep/lambs there that people have 'poached'. I didn't call it in as I just had a hunch that they would think it may be me or at least tell me I shouldn't be there, etc. This estate is one of the biggest landowners in the area. Are most landowners so protective or intolerant of people being on their land or is this common?

Sorry, title should have read Trespass while foraging.

[welsh1]

Find out the actual land owner and write,as in good old pen and paper to them ,explain about the s'rooms and how you are careful to not damage any crop or ground,also give it large with the extra eyes and ears on the estate scenario to help with any undesirables in the area.

 

You never know the actual owner may appreciate someone taking the time to ask and write back saying yes.

 

If you don't get the reply you want,just be more careful not to get caught

Edited October 5, 2013 by welsh1

[Archie-fox]

When I was a 10 year old I was allways pinching apples from the local orchard and remember my dad giving me a crack round the head when I got marced home by the owner of the place...I was walking my dog a few months back and going past a local allotment area I saw a cracking plum tree about 10ft from the pavement... It crossed my mind to open the gate and have a couple but then I remembered my crack round the head I got last time I did it 20years ago... Allways ask!!!

[KFC]

I can sympathise a bit with the landowner because if some people have permission and others not then they have the problem of checking who's who. If no one is allowed then they know there shouldn't be anyone there.

 

With fly-tipping, squatting, poaching and theft these days it is difficult for landowners which is a shame for foragers.

[kennett]

I had this problem with a shoot I used to help out on, you let one person do something then everyone else thinks its ok too. Then you end up with a free for all of dog walkers, horse riders and fly tippers etc etc! At the end of the day it is no different to someone opening your garden gate, wandering up the path and helping themselves to your veg patch!

Edited October 5, 2013 by kennett

[deaquire]

I had this problem with a shoot I used to help out on, you let one person do something then everyone else thinks its ok too. Then you end up with a free for all of dog walkers, horse riders and fly tippers etc etc! At the end of the day it is no different to someone opening your garden gate, wandering up the path and helping themselves to your veg patch!

 

That's not quite true... you spend hours growing your veggies. These mushrooms are there by chance and will just get eaten by slugs...

 

I don't buy into the "everyone will think they can do it" scenario. People don't assume they can shoot on land just because they see you doing it. If I saw someone picking fruit or veg on private land I'd assume they owned it/lived there and carry on, on my way.

[SPARKIE]

people do think they can shoot on land just because you do....i had a scroat with an airgun aged about 19 on my land saying he thought it was ok as others shoot on there....he quickly ******** of when told it was a private syndicate. since we have had ****** with dogs but they tend to run when a lamp comes on and blinds them.

[deaquire]

people do think they can shoot on land just because you do....i had a scroat with an airgun aged about 19 on my land saying he thought it was ok as others shoot on there....he quickly ******** of when told it was a private syndicate. since we have had ****** with dogs but they tend to run when a lamp comes on and blinds them.

 

That's ****** and a scroat though...

[1066]

Writing to ask permission would be a good move but I would do some homework first so you know where you stand. - I think you may well be able to forage for 'shrooms and berries on his land and still be within the law.

 

A good many of these ancient laws were recognised in the "Right to roam" and Countryside act.

 

(3) 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 purposes of this subsection ‘mushroom’ includes any fungus, and ‘plant’ includes any

shrub or tree.

 

The WCA is a complex piece of legislation, which touches upon common law rights in certain areas. I will take two examples – plant gathering and animal hunting/ gathering. In general a landowner owns all trees and plants growing upon his or her plot. An owner has the right to sever such objects from the land (and to sell the same), but WCA intervenes in the case of certain protected wild plants. In short if a plant species is protected under WCA, no one can pick, destroy or sell it (including the landowner) without committing an offence. If a species does not enjoy WCA protection what about the stranger who wants to take plants? An act of this nature would ordinarily be theft, but an exception in the Theft Act states that in the case of mushrooms or plants growing wild on land, a person may take away foliage, fruit or parts of the plant without committing an offence – unless it is done with the intention of selling them, or for other reward.

[welsh1]

Writing to ask permission would be a good move but I would do some homework first so you know where you stand. - I think you may well be able to forage for 'shrooms and berries on his land and still be within the law.

 

A good many of these ancient laws were recognised in the "Right to roam" and Countryside act.

 

(3) 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 purposes of this subsection ‘mushroom’ includes any fungus, and ‘plant’ includes any

shrub or tree.

 

The WCA is a complex piece of legislation, which touches upon common law rights in certain areas. I will take two examples – plant gathering and animal hunting/ gathering. In general a landowner owns all trees and plants growing upon his or her plot. An owner has the right to sever such objects from the land (and to sell the same), but WCA intervenes in the case of certain protected wild plants. In short if a plant species is protected under WCA, no one can pick, destroy or sell it (including the landowner) without committing an offence. If a species does not enjoy WCA protection what about the stranger who wants to take plants? An act of this nature would ordinarily be theft, but an exception in the Theft Act states that in the case of mushrooms or plants growing wild on land, a person may take away foliage, fruit or parts of the plant without committing an offence – unless it is done with the intention of selling them, or for other reward.

But he would still be guilty of trespass?

[FalconFN]

You are technically in the wrong, but I do have sympathy with your position. The thing is the staff or groundsmen may have had their eye on those boletes too and would me miffed if someone else had them first, so permission first would be my stance.

[deaquire]

Offer to share them? Make 'em a rabbit and mushroom pie

[Cranfield]

In England and Wales the "Right to roam" only extends to private land in a very few circumstances, namely, "mountain, moor, heath, down and registered common land".

Its safe to assume therefore that you have no right to enter most private land for any reason, without the consent of the landowner, or their agent.

 

Even if you are on land in the aforementioned category, your right to interfere with that land by removing, or adding, items such as minerals, wood, plants, fruits, etc, is almost all forbidden.

 

The only sensible action is to approach the landowner , or their agent and ask permission.

Don't forget its easier for them to say "No" than "Yes".

Offering them some of the spoils might help.

[bobt]

people do think they can shoot on land just because you do....i had a scroat with an airgun aged about 19 on my land saying he thought it was ok as others shoot on there....he quickly ******** of when told it was a private syndicate. since we have had ****** with dogs but they tend to run when a lamp comes on and blinds them.

 

we had a bloke turn up one day, standing on the end of the line, when we asked him what he was doing, he said he had just got a shotgun certificate, and had seen us shooting so thought anyone could shoot, turned out he had been knocking pheasants off on a night when out for a walk, all sitters I might add.

[welsh1]

 

we had a bloke turn up one day, standing on the end of the line, when we asked him what he was doing, he said he had just got a shotgun certificate, and had seen us shooting so thought anyone could shoot, turned out he had been knocking pheasants off on a night when out for a walk, all sitters I might add.

A classic

[karpman]

To be honest I think you were being a touch on the cheeky and lucky you did not get told to **** off.

 

You new you would get told no and you carried on foraging there regardless, seems a bit irresponsible in all honesty. Knowing the land is private and hping yourself is not on in all honesty.

 

When I'm out on permissions I hate bumping into folks who have no permission to be there. Dog walkers or otherwise.

 

Karpman

[four-wheel-drive]

 

That's not quite true... you spend hours growing your veggies. These mushrooms are there by chance and will just get eaten by slugs...

 

I don't buy into the "everyone will think they can do it" scenario. People don't assume they can shoot on land just because they see you doing it. If I saw someone picking fruit or veg on private land I'd assume they owned it/lived there and carry on, on my way.

I am with you on this but the thing that really annoys I was borne in this country so was my dad and mum and there dad and mum going back to as fare as we can trace unyet there is practicaly now where that I can drive my 4x4 offroad or shoot my guns or do loads of things but some jonny foriner can come here and buy up grate swathes of land and do whatever they want but then it is all my fault I should not have been born poor or without the ability to do a job that would give me pots of money.

[welsh1]

I am with you on this but the thing that really annoys I was borne in this country so was my dad and mum and there dad and mum going back to as fare as we can trace unyet there is practicaly now where that I can drive my 4x4 offroad or shoot my guns or do loads of things but some jonny foriner can come here and buy up grate swathes of land and do whatever they want but then it is all my fault I should not have been born poor or without the ability to do a job that would give me pots of money.

With an attitude like that i am not surprised you have no land to shoot or drive.

I was born in Germany, but last night i was driving around 4 of my 12 permissions in my 4x4 shooting rabbits and foxes,because i asked the landowner could i have shooting permission,and it took me a long time to get all my permissions.and one of my permissions is a very nice Dutchman with quite a few Hectares covered in foxes

[Imperfection]

Trespass is still trespass no matter what.

[kyska]

With the **** we've had with recently, costing £k's of money due to 'trespassers' (on horses) I'll prosecute out of my own pocket, even if I lose funds through this to make a point.

 

If I got trespassers addresses I'd go and run my dogs around their land (garden), trample a few flowers, eat whatever in in their greenhouse and also look astounded, with a tomato in my hand, and the juice all over my face that I am in the wrong......and argue it, with venom that I'm right.

[kennett]

I am with you on this but the thing that really annoys I was borne in this country so was my dad and mum and there dad and mum going back to as fare as we can trace unyet there is practicaly now where that I can drive my 4x4 offroad or shoot my guns or do loads of things but some jonny foriner can come here and buy up grate swathes of land and do whatever they want but then it is all my fault I should not have been born poor or without the ability to do a job that would give me pots of money.

 

Unfortunately that is not how the world works, if any body could do what they want, wherever, who would be resonsible for looking after the land and keeping it in a condition that can support game and other wildlife? . In my part of the world the whole economy pretty much revolves around Jonny foriner buying land and putting horses on it, but there is still plenty of shooting up for grabs

[TIGHTCHOKE]

I am with you on this but the thing that really annoys I was borne in this country so was my dad and mum and there dad and mum going back to as fare as we can trace unyet there is practicaly now where that I can drive my 4x4 offroad or shoot my guns or do loads of things but some jonny foriner can come here and buy up grate swathes of land and do whatever they want but then it is all my fault I should not have been born poor or without the ability to do a job that would give me pots of money.

 

 

I think your attitude STINKS!!!!

[karpman]

 

 

I think your attitude STINKS!!!!

I'm with you apart from the last bit, that's just hilarious.

 

Karpman

[Gimlet]

I had this problem with a shoot I used to help out on, you let one person do something then everyone else thinks its ok too. Then you end up with a free for all of dog walkers, horse riders and fly tippers etc etc!

 

 

Agreed. Selective permission doesn't work at all. It has to be one rule for all. Once one starts, they all do and you can't police it. I hate to say it, but on my ground even the hunt cause us problems indirectly. They're alright themselves but when the local townie nag riders see the hunt's hoof marks, even if they're months old, they just follow them and claim they thought they were on the path. We get people galloping across boggy fields that have been winter-sown completely wrecking the crop, then the mountain bikers and the dog walkers follow and before you know where you are some a******* from the council has come and stuck a right of way marker on it because someone has claimed historic use.

In one particular area the landowner has asked me to carry a camera now and if I see trespassers, particularly horse riders they get photographed so he has evidence to support a right-of-way diversion.

[GingerCat]

Is this for real, because you can't afford the land you can steal from it, after all you were born here.... Is that like saying because you can't afford that nice tv you can help yourself to mine as I can afford it so its my fault you can't or something.

 

Get a grip.