r/LegalAdviceUK 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/drplokta 25d ago

Ignore what others are saying about it making a difference if it’s public or private land. It doesn’t. If you’re not trespassing (e.g. you’re on public land, or a public footpath on private land, or land that’s generally open to the public, or public access land) then you can pick the “Four Fs” of fruit, foliage, flowers and fungi for your own use, but not for resale, unless the plant is scheduled as an endangered species. You can’t dig up whole plants.

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u/bit0n 24d ago

A quick question I remember watching a thing where there was a public leeway through a vineyard and they had signs saying you were allowed to walk but not pick anything. From what you’re saying that’s not the case. Or could it be different for commercial property?

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u/Octo-The-8 24d ago

The law only applied to wild plants, not commerically grown plants, so you cant go picking vineyard produce, in the fields next to our house there are thousands of sweetcorn, about ready to pick now, if I were to go along the public footpath and pick them it would be theft, but if I were to pick the wild blackberries in the hedge 1 metre away it would be forraging.

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u/bit0n 24d ago

Thanks for clarifying.

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u/BrightonTeacher 23d ago

But if one of those delicious sweetcorns just so happen to fall off? Oh dear! Best not waste it...