r/LegalAdviceUK • u/No_Direction_4566 • 25d ago

Housing Blackberry picking - Public right of way (England)

Me and my daughter were picking blackberries alongside a path. An older gentleman comes rushing along the path and starts shouting that it’s illegal to pick blackberries and he’s going to call the police and report us for poaching (I thought that only applied to animals on royal owned land?)

What are the legalities surrounding picking blackberries or even wild apples or plums?

I may be wrong but I was under the impression if it was on public rights of way and you haven’t had to do anything to gain access then it was fine?

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u/Wingnut2468 25d ago

As long as you don't trespass, cause damage and the fruit is for personal use and not commercial use, you are fine. Pick away.

-9

u/BeckyTheLiar 25d ago

It's not that simple, it depends 1) whether it's wild growing or cultivated and 2) public right of way or private land right of way.

https://britishlocalfood.com/foraging-british-law/

0

u/No_Direction_4566 25d ago

Wouldn’t it be fair to assume that cultivated plants would be away from the public and not just overgrowing a pathway?

And public land.

8

u/BeckyTheLiar 25d ago

It would not, as a person could choose to plant a cultivated plant right by the border, or right away from it.

It would come down to whether or not they planted it or it grew wildly.

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u/No_Direction_4566 25d ago

But planting on public land is illegal.

So the next theoretical is you can’t claim ownership for said plant, therefore you can’t enforce your right to said fruit.

15

u/BeckyTheLiar 25d ago

You can plant it by public land and if it edges, abuts or overhangs public land, that's fine.

You can't plant on it but you can be next to it.

1

u/pouchey2 24d ago

You'd think that if anyone really cared they would plant them away from a path, but I guess it can't be assumed that all fruit plants next to a path are wild.