"Saffy" wrote in message
...
"Mike" wrote in message
...
If fruit drops onto a neighbours land it is theirs to keep. How come the
football coming onto their land isn't?

Mike
Who doesn't have neighbour problems :-))


I read recently that windfall apples belong to the owner of the tree even
if
they fall on someone elses land. You are not obliged to let on your land
to
pick them u however but you can't legally keep them yourself.

I think it was from a link posted on here.

Saffy.

Sorry about the long reply but this is the actual law and I have underlined
the parts which could apply to the keeping of balls and fruit etc


THEFT ACT 1968



s 1 Basic definition of theft.

(1) A person is guilty of theft if he dishonestly appropriates property
belonging to another with the intention of permanently depriving the other
of it; and "thief" and "steal" shall be construed accordingly.
(2) It is immaterial whether the appropriation is made with a view to gain,
or is made for the thief's own benefit.
(3) The five following sections of this Act shall have effect as regards the
interpretation and operation of this section (and, except as otherwise
provided by this Act, shall apply only for purposes of this section).



s 2 "Dishonestly".

(1) A person's appropriation of property belonging to another is not to be
regarded as dishonest--
(a) if he appropriates the property in the belief that he has in law the
right to deprive the other of it, on behalf of himself or of a third person;
or
(b) if he appropriates the property in the belief that he would have the
other's consent if the other knew of the appropriation and the circumstances
of it; or
(c) (except where the property came to him as trustee or personal
representative) if he appropriates the property in the belief that the
person to whom the property belongs cannot be discovered by taking
reasonable steps.
(2) A person's appropriation of property belonging to another may be
dishonest notwithstanding that he is willing to pay for the property.



s 3 "Appropriates".

(1) Any assumption by a person of the rights of an owner amounts to an
appropriation, and this includes, where he has come by the property
(innocently or not) without stealing it, any later assumption of a right to
it by keeping or dealing with it as owner.
(2) Where property or a right or interest in property is or purports to be
transferred for value to a person acting in good faith, no later assumption
by him of rights which he believed himself to be acquiring shall, by reason
of any defect in the transferor's title, amount to theft of the property.

s 4 "Property".

(1) "Property" includes money and all other property, real or personal,
including things in action and other intangible property.
(2) A person cannot steal land, or things forming part of land and severed
from it by him or by his directions, except in the following cases, that is
to say--
(a) when he is a trustee or personal representative, or is authorised by
power of attorney, or as liquidator of a company, or otherwise, to sell or
dispose of land belonging to another, and he appropriates the land or
anything forming part of it by dealing with it in breach of the confidence
reposed in him; or
(b) when he is not in possession of the land and appropriates anything
forming part of the land by severing it or causing it to be severed, or
after it has been severed; or
(c) when, being in possession of the land under a tenancy, he appropriates
the whole or part of any fixture or structure let to be used with the land.
For purposes of this subsection "land" does not include incorporeal
hereditaments; "tenancy" means a tenancy for years or any less period and
includes an agreement for such a tenancy, but a person who after the end of
a tenancy remains in possession as statutory tenant or otherwise is to be
treated as having possession under the tenancy, and "let" shall be construed
accordingly.
(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.
For purposes of this subsection "mushroom" includes any fungus, and "plant"
includes any shrub or tree.
(4) Wild creatures, tamed or untamed, shall be regarded as property; but a
person cannot steal a wild creature not tamed nor ordinarily kept in
captivity, or the carcase of any such creature, unless either it has been
reduced into possession by or on behalf of another person and possession of
it has not since been lost or abandoned, or another person is in course of
reducing it into possessio

s 5 "Belonging to another".

(1) Property shall be regarded as belonging to any person having possession
or control of it, or having in it any proprietary right or interest (not
being an equitable interest arising only from an agreement to transfer or
grant an interest).
(2) Where property is subject to a trust, the persons to whom it belongs
shall be regarded as including any person having a right to enforce the
trust, and an intention to defeat the trust shall be regarded accordingly as
an intention to deprive of the property any person having that right.
(3) Where a person receives property from or on account of another, and is
under an obligation to the other to retain and deal with that property or
its proceeds in a particular way, the property or proceeds shall be regarded
(as against him) as belonging to the other.
(4) Where a person gets property by another's mistake, and is under an
obligation to make restoration (in whole or in part) of the property or its
proceeds or of the value thereof, then to the extent of that obligation the
property or proceeds shall be regarded (as against him) as belonging to the
person entitled to restoration, and an intention not to make restoration
shall be regarded accordingly as an intention to deprive that person of the
property or proceeds.
(5) Property of a corporation sole shall be regarded as belonging to the
corporation notwithstanding a vacancy in the corporation.


s 6 "With the intention of permanently depriving the other of it".

(1) A person appropriating property belonging to another without meaning the
other permanently to lose the thing itself is nevertheless to be regarded as
having the intention of permanently depriving the other of it if his
intention is to treat the thing as his own to dispose of regardless of the
other's rights; and a borrowing or lending of it may amount to so treating
it if, but only if, the borrowing or lending is for a period and in
circumstances making it equivalent to an outright taking or disposal.