"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.

"Cereus-validus." wrote in message
. com...
The cop was wrong to make that threat. He would have been laughed out of
court. If the ball was in the yard, it automatically became property. It
would only be theft if the person went and took the ball from somebody
else's yard.

Wrong read the Theft Act 1968

You should teach your idiot son to be more careful where he throws his
balls. Only a moron would make the same mistake six times.

You know nothing about my son

"Nick Maclaren" wrote in message
...

Please don't respond to trolls talking balls.

Quite right

"Duncan Heenan" wrote in message
...

"Brian Watson" wrote in message
...

"PhEaSaNt PLuCKeR" wrote in message
...
How can I stop the kids next door keep coming round every 5 mins asking
if
they can
go into my garden to get their ball back?

Remember you were a child once too. Then it won't matter.

--
Brian
"Reality rarely lives up to TV, usually because reality has a smaller
budget
and the opportunities for retakes are minimal."


Tell their parents that you failed your CRB check.

Good idea that, then there will be bricks coming through your windows with
paedo written on them, not to mention the baying mob outside your house.

Jolly good. Chip chip cheerio!!!

Some dumb jock should come after your balls with a baseball bat, you pompous
cricket head. You'd probably like it.


"suspicious minds" wrote in message
...

"Nick Maclaren" wrote in message
...

Please don't respond to trolls talking balls.

Quite right

Then again your parents weren't making excuses for a dyslexic dimwitted
child like they are. The problem is that the parents haven't any sense nor
any balls.

You were smart enough to learn from your mistakes and not to make them
again. Your parents were smart enough to know to nip the problem in the bud
long before it got out of hand.


"Gwenhyffar Milgi" wrote in message
...
On Wed, 10 Nov 2004 06:16:09 -0000, "Brian Watson"
wrote:


"PhEaSaNt PLuCKeR" wrote in message
...
How can I stop the kids next door keep coming round every 5 mins asking
if
they can
go into my garden to get their ball back?

Remember you were a child once too. Then it won't matter.

My parents did not take kindly to me continously bothering the
neighbours. If I did that, they would take the ball away themselves

--
This is the dance that I do every day
let my feet go, wander away
let my soul lead, follow the sound
that dance that I do when there's no one around.
http://uk.profiles.yahoo.com/gwenhyffar

The message
from "Mike" contains these words:

If fruit drops onto a neighbours land it is theirs to keep. How come the
football coming onto their land isn't?

Fruit from your tree dropping next-door is not theirs, it's yours.

--
Rusty
Open the creaking gate to make a horrid.squeak, then lower the foobar.
http://www.users.zetnet.co.uk/hi-fi/

The message
from "suspicious minds" contains these words:

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

However, you have not mentioned conversion.

Depriving someone of their property without legal right, but with no
intention of depriving them of it permanently (legal right might be for
instance, the police removing evidence) is a civil offence, and usually,
a criminal offence, too.

The difference being, you can sue someone for conversion and they
*MIGHT* get a criminal conviction if you win, and you might be awarded
damages, but a thief has to be prosecuted (usually by the state, though
you can in some cases initiate a private prosecution) and compensation
is seldom awarded to the aggrieved party.

I don't think you can sue someone for recompense if the property is
stolen, BICBW.

--
Rusty
Open the creaking gate to make a horrid.squeak, then lower the foobar.
http://www.users.zetnet.co.uk/hi-fi/

"Sacha" wrote in message
k...
On 10/11/04 6:16, in article ,
"Brian
Watson" wrote:


"PhEaSaNt PLuCKeR" wrote in message
...
How can I stop the kids next door keep coming round every 5 mins asking
if
they can
go into my garden to get their ball back?

Remember you were a child once too. Then it won't matter.

Tell them they don't need to ask - just go and get it. Worked fine for me
some years ago.
Then they would be trespassing and if it was my garden, they would be in
grave danger of being seriously injured by my dogs.

On 10/11/04 16:15, in article , "ex WGS
Hamm" wrote:


"Sacha" wrote in message
k...
snip

Tell them they don't need to ask - just go and get it. Worked fine for me
some years ago.
Then they would be trespassing and if it was my garden, they would be in
grave danger of being seriously injured by my dogs.


But it isn't your garden and they're not trespassing if they ask and are
granted permission. And we don't know that the OP has dogs. At that
particular point in my life, I had two dogs and it never crossed my mind
that they would attack anyone, let alone children, because that wasn't in
their nature. I see no point in keeping vicious animals.
--

Sacha
(remove the weeds for email)

"Martin" wrote in message
...
On Wed, 10 Nov 2004 13:45:05 +0100, "JennyC" wrote:


"PhEaSaNt PLuCKeR" wrote in message
...
How can I stop the kids next door keep coming round every 5 mins asking if
they can go into my garden to get their ball back?


Get a taller fence / hedge ?
Dig a moat?

A colleague used a fine needle to perforate a neighbour's kid's
football and warned about the risk of the kid damaging his football on
the rose bush thorns.
Martin

LOL - A devious mind is a joy forever :~)

We have trouble at work with a co-inhabitant of our office block. He rants about
people smoking outside, bikes parked in the wrong place, scooters in the bike
shed (they are not bikes....), etc etc etc. He leaves notices pinned to peoples
bikes, puts stickers (which are impossible to remove) on windscreens if a car is
a tadge over his parking space........

We were discussing his chronic behaviour and a colleague (who shall remain
nameless) said, 'we could always smear black shoe polish on his windscreen
wipers.......he'd not notice it until the next time it rained......."

"~

Jenny

"Cereus-validus..." wrote in message
. com...
Yeah, that Theft act is a bit convoluted. It protects the stupid and
punishes the victim. Must have been written up by a republican
judge.

There are no republican judges in the UK.

The
neighbor should have returned the balls deflated with punctures in
them!

You son is obviously a dyslexic dumb jock meat head. Don't want to
know
anything more about your dimwit spawn. His not being able to keep
his balls
out of neighbor's yards six times (or more) is all the proof one
needs of
how inept the dullard is. He's so dumb, he could be president some
day!

We are not cursed with objects of scorn like presidents in the UK.

Franz

"Brian Watson" wrote in message
...

"PhEaSaNt PLuCKeR" wrote in message
...
How can I stop the kids next door keep coming round every 5 mins asking
if
they can
go into my garden to get their ball back?

Remember you were a child once too. Then it won't matter.

--
Brian
"Reality rarely lives up to TV, usually because reality has a smaller
budget
and the opportunities for retakes are minimal."


.................................................. ...........................
.................................................. .
Yes Brian, at last someone has echoed my thoughts, as I remember when I use
to
Pester my poor neighbour every 5 mins :-)
But I do think it is only human to get annoyed some days, and I do tell them
"It only takes one of you to get the ball", when six lads come round :-)
Kids are kids, just as we were, but when you get older you do forget
sometimes eh?


--


PhEaSaNt PLuCKeR

We have trouble at work with a co-inhabitant of our office block. He rants
about
people smoking outside, bikes parked in the wrong place, scooters in the
bike
shed (they are not bikes....), etc etc etc. He leaves notices pinned to
peoples
bikes, puts stickers (which are impossible to remove) on windscreens if a
car is
a tadge over his parking space........


I was teaching in an Engineering Training School and there was only one
'Reserved' Parking space, that of the Principals. As I am an early riser, I
was always first there, so parked in the first vacant space. i.e., next to
the reserved one. A message came down through the hierarchy, not to park my
car there.

The Principle had a Hillman . . . . . . I had a Jaguar :-((

Mike

"Jaques d'Alltrades" wrote in message

Sorry about the long reply but this is the actual law ............

Depriving someone of their property without legal right, but with no
intention of depriving them of it permanently (legal right might be for
instance, the police removing evidence) is a civil offence, and usually,
a criminal offence, too.

"Theft By Finding" is what it used to be called, I think; if you find
something that isn't yours and you keep it, then it's theft.

The info from various Citizens' Advice Bureau is:

If a child throws a ball into a neighbour's property the neighbour should
either hand it back or allow it to be collected. However, as it is a
trespass for the ball to cross the neighbour's boundary, even if it was
unintentional, the neighbour would be entitled to compensation if s/he can
prove s/he has lost money, for example, if the ball has smashed a window. It
is also theoretically possible that, if the child's ball is always coming
into a neighbour's property, the neighbour could take a court action for
nuisance with an injunction to prevent repetition. However, legal advice
would have to be sought. A conciliatory approach would be preferable.