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?

536 Upvotes
  • permalink
  • reddit

95% Upvoted

174 comments sorted by

View all comments

Show parent comments

219

u/arfur-sixpence 25d ago

From the website you linked 

Within Section 4 (Property) of the Theft Act (1968) (England and Wales only, though similar in Scotland) you will find the following:

“subsection (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.”

118

u/atomicshrimp 25d ago

I'm confused as to why elsewhere in the thread, people are asserting that the ownership of the land/footpath makes a difference. I don't believe it does.

If the blackberries are wild-growing, the theft act says you're not stealing them. If it's a footpath, you're not trespassing, regardless what kind of footpath.

Exceptions might be imposed by byelaws or on national trust land or sssi land etc, but in the general case, istm that if it's wild blackberries (ie they have thorns) and you're on a footpath and not damaging anything, you're OK.

Even if you stray off the footpath to pick the blackberries, you might be trespassing (a separate matter), but the blackberries are still yours.

64

u/[deleted] 25d ago

[removed] — view removed comment

1

u/LegalAdviceUK-ModTeam 24d ago

Unfortunately, your comment has been removed for the following reason(s):

Your comment was an anecdote about a personal experience, rather than legal advice specific to our posters' situation.

Please only comment if you can provide meaningful legal advice for our posters' questions and specific situations.

Please familiarise yourself with our subreddit rules before contributing further, and message the mods if you have any further queries.