(Mike Lyle) wrote in message om...
(Nick Maclaren) wrote in message ...
In article ,
(Mike Lyle) writes:
|
| But under UK law all land is somebody's property, and that includes
| anything growing on it. So even if it isn't illegal to collect seed of
| a particular species (but ISTR the prohibition now covers all
| species), without the owner's permission it's ordinary theft to
| collect seed from privately-owned plants: i.e., all plants. Catch 23?

NO, IT IS NOT.

There's no need to shout, unless of course it makes you feel better.

That is wholly wrong. You own RIGHTS to land, though there is a
primary set of rights that is normally called land ownership.
Neither wild plants nor wild animals are property, which is why
there is a special offence of trespassing in pursuit of game, and
why the infamous Countryside Act introduced one of digging up wild
plants. If those actions were theft, neither law would have been
wanted.

There's some logic there; but it's not uncommon for an action to be
unlawful under more than one law. I wouldn't consider helping myself
to the produce of your land -- especially if I thought you might catch
me.



Nick is correct. He has studied this subject.
As he says there are a set of RIGHTS to land that are commonly called
"Land ownership". In actual technical fact the land belongs to the
crown and the right over it is called the "Freehold."

He is quite correct to say that neither wild plants or wild animals
are property.


--
Neil Jones- http://www.butterflyguy.com/
"At some point I had to stand up and be counted. Who speaks for the
butterflies?" Andrew Lees - The quotation on his memorial at Crymlyn
Bog
National Nature Reserve