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Windfall

  • 09-07-2009 7:50pm
    #1
    IT Loser
    Closed Accounts Posts: 1,311 ✭✭✭


    If apples fell into my garden from an overhanging tree whose trunk was located elsewhere, could I keep them? Suppose I didnt want them, could I ask for the neighbour to take them back? Suppose the tree is not overhanging and a strong wind keeps depositing apples down into my fine white marble drive and staining it. Is the expense to clean up mine and mine alone?


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Section 5(2) and 5(4) Criminal Justice (Fraud and Theft) Offences Act 2001
    (2) A person cannot steal land, or things forming part of land and severed from it by or under his or her directions, except where the person—
    (a) being a trustee, personal representative or other person authorised by power of attorney or as liquidator of a company or otherwise to sell or dispose of land owned by another, appropriates the land or anything forming part of it by dealing with it in breach of the confidence reposed in him or her, or
    (b) not being in possession of the land, appropriates anything forming part of the land by severing it or causing it to be severed, or after it has been severed, or
    (c) being in possession of the land under a tenancy or licence, appropriates the whole or part of any fixture or structure let or licensed to be used with the land.



    (4) A person who picks mushrooms or any other fungus growing wild on any land, or who picks flowers, fruit or foliage from a plant (including any shrub or tree) growing wild on any land, does not (although not in possession of the land) steal what is picked, unless he or she does it for reward or for sale or other commercial purpose.


  • #3
    IT Loser
    Closed Accounts Posts: 1,311 ✭✭✭IT Loser


    Thats grand. Next doors fronds keep falling off their palm tree and we keep throwing them back. She keeps saying no, and I keep saying yes. I would hate to steal from her.

    Her dog also keeps taking a crap on the new lawn. Can I fling that back too??


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭Victor


    IT Loser wrote: »
    Can I fling that back too??
    I think it would be better to delicately return it. I won't get into location. :)


  • #5
    3DataModem
    Registered Users, Registered Users 2 Posts: 4,077 ✭✭✭3DataModem


    IT Loser wrote: »
    Her dog also keeps taking a crap on the new lawn. Can I fling that back too??

    Rat poison FTW.


This discussion has been closed.
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