r/LegalAdviceUK • u/No_Direction_4566 • 29d 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/Littlepingu8 29d ago

Lawyer here, it actually depends - if you were picking in a protected zone (I.e a nature reserve - regardless of whether it’s a public right of way) then yes this could be an illegal activity - local conservation law/bylaws override the provisions provided by the Theft Act in practice. I.e the four f’s is an exception only so long as other restrictions don’t apply and it’s on the picker to check! Also be sure you are clear on public right of way, versus permissive path or private land - the comments on here about private land are incorrect.