What's the story with skips?

JCB

Hi there,
I rented a skip recently that had to put on the footpath outside my house because it wouldn.t fit in the driveway.
Anyway, after filling it about half an hour later I walked out to find some scavangers rummaging though it. I chased them off but I'm just wondering is it legal to take stuff from skips (like, I know it's a widespread practise and all) but it just annoyed me that's all. Any insights?

Ste.phen

well, probably, it's fairly safe to assume anything in a skip has been abandoned...

maidhc

JCB wrote:

I chased them off but I'm just wondering is it legal to take stuff from skips (like, I know it's a widespread practise and all) but it just annoyed me that's all. Any insights?

The offence of larceny require an intention to deprive the owner of poession. If a person leaves stuff in a skip at the side of the road I would think they have already given up posession. In the age of pay-by-weight and the ecological benefits from reuse and all, I thought you would be delighted.

Thirdfox

From what I know anything that is put into a rubbish bin/skip etc. becomes available to anyone who wants it.

Heard of a case before when someone found a priceless map in a skip and the former owner tried to get it back... no can do!

Funnily enough, chasing them off may be against the law since they don't seem to be trespassing on your property...

JCB

maidhc wrote:

In the age of pay-by-weight and the ecological benefits from reuse and all, I thought you would be delighted.

While I totally understand that I was fairly worried about people throwing stuff from the skip out onto the road (while rummaging) and then I would be prosecuted for littering because the stuff would be in my name, since so much littering occurs in this age of pay-by-weight and all .
Since I have paid for the skip wouldn't I still be responsible?, so as you can see I wouldn't be delighted!:D

maidhc

JCB wrote:

While I totally understand that I was fairly worried about people throwing stuff from the skip out onto the road (while rummaging) and then I would be prosecuted for littering because the stuff would be in my name, since so much littering occurs in this age of pay-by-weight and all .
Since I have paid for the skip wouldn't I still be responsible?, so as you can see I wouldn't be delighted!:D

You have a good point!

I guess there is also the chance if they injured themselves (from a mirror you recently broke, lets say) they may bring a negligence action with some chance of success.

Our man in Havana

Also would you be breaking any laws by having the skip on public property ie on a footpath or public highway?

Sangre

maidhc wrote:

The offence of larceny require an intention to deprive the owner of poession. If a person leaves stuff in a skip at the side of the road I would think they have already given up posession. In the age of pay-by-weight and the ecological benefits from reuse and all, I thought you would be delighted.

They couldn't be convicted of larcenry but would have imagined the owner could reassert his superior legal title. The rummagers would merely have a better title than the rest of the world.

I doubt something being in a skip negates ownership. Wheres the proof the owner threw it out on purpose or that he threw it out at all? Someone else in the house could have thrown it in the skip.

Victor

Certainly case law in the UK has said that rubbish / material is yours until removed by the council / contractor.

So several cases of attempted larceny and several cases of assault.

JCB

Bond-007 wrote:

Also would you be breaking any laws by having the skip on public property ie on a footpath or public highway?

If that is the case, then couldn't people then be prosecuted for parking their car outside their house too? If that law does exist then i'd say it's treated the same way with cars not allowed to park partially on foot-paths - i.e. not enforced!

I get the impression that when you get a skip you are paying 275 euro for a public litter bin/ free second hand shop that you are legally responsible for!!!

Victor

Bond-007 wrote:

Also would you be breaking any laws by having the skip on public property ie on a footpath or public highway?

In the Dublin City area, skips need a licence on public roads.

Thomas_S_Hunterson

Sangre wrote:

I doubt something being in a skip negates ownership. Wheres the proof the owner threw it out on purpose or that he threw it out at all? Someone else in the house could have thrown it in the skip.

It could also be argued that the skip was being used as a temporary storage for items. Not at all believable but might stand up in court

Thirdfox

If you don't believe it... doubtful that a judge will . Then again there was the A case...

oulu

I think if they got use out of it then it would help the planet and all that green stuff .They should have asked you that was there mistake, remember the more they take out the more you can put in,

Dave!

maidhc wrote:

You have a good point!

I guess there is also the chance if they injured themselves (from a mirror you recently broke, lets say) they may bring a negligence action with some chance of success.

jeez never thought of that, I'd say they'd easily win!

Thirdfox

Defence of Volenti non fit injuria "voluntary assumption of risk" may apply (or Contributory negligence nowadays) for people who sift through skips.

Also what duty of care does an owner have to people who rummage through his garbage? Perhaps if it had been a child playing and fell into the skip and hurt him/herself then a negligence claim can arise.

Sangre

If he has license to put it on a public street maybe the council will take liability (or at least contributory)?

At any rate most injuries from adults at least would fall under the contrib. negligence category.

NUTLEY BOY

Generally, if the skip is placed on the "highway" you catch the liability that attaches to anything that happens.

As far as finding is concerned it can be a funny old world. I think that that you can be done in the UK for theft by finding ! Was there not a case there in the last year or so of an accused being convicted for collecting "lost" golf balls and recycling them for a profit ??????

maidhc

NUTLEY BOY wrote:

As far as finding is concerned it can be a funny old world. I think that that you can be done in the UK for theft by finding ! Was there not a case there in the last year or so of an accused being convicted for collecting "lost" golf balls and recycling them for a profit ??????

That is particular to -Golf balls-. Who says judges don't do favours for their mates?

Thirdfox

Imagine Lord Denning in a case involving theft of cricket balls! :eek:

Orion

Victor wrote:

In the Dublin City area, skips need a licence on public roads.

Not 100% true. If the skip is on the road in a 'free-parking' area - i.e. where there's no disc/meter parking - then you don't need a license. If it's a paid parking area you do need one from the council. And before I get slapped down I learnt this from someone who works in that department in the DCC.