Legality of planting

  • 4 replies
  • 7133 views
Legality of planting
« on: July 14, 2008, 12:32:43 AM »
Does anyone know how to find out the legality of guerilla gardening in your area? Where in the local laws should i look?

-kid

Re: Legality of planting
« Reply #1 on: July 21, 2008, 04:28:33 PM »
Uhh..it's not like the law is uniform in each country, so that's an impossible question to fully answer. :)

But in Holland for example, there are general/national laws forbidding unpermitted damaging of public spaces, and local/city laws giving specifics.

There's a simple rule to follow though: assume it's forbidden, but ignored/accepted, as long as you only improve the site, and don't attract too much (negative) attention.

Re: Legality of planting
« Reply #2 on: August 16, 2008, 02:25:55 PM »
What about the UK?

I cannot see how plants can be criminal damage... But could one be done for tresspassing?

Would this be covered by criminal or civil law?

Re: Legality of planting
« Reply #3 on: August 31, 2008, 06:56:52 AM »
It is legally "criminal damage"; the law as it stands in Commonwealth countries sees no difference between tearing down a tree in a park and digging a hole in the ground and planting a tree in a patch of muddy weeds in a vacant lot.

There is the law, and then there is justice, the two have only a coincidental relationship to each-other.

However, as with all laws, someone must notice the "crime" and decide to prosecute. So for example our esteemed book writer more than once encountered and they told him "next time ask permission" or "stop" and then wandered off.

I'd be very interested to hear of any actual prosecutions arising from it. Should I ever find myself before the magistrate, I plan to plead guilty, and ask that my sentence be... community work, doing landscaping for the council.
greenwithagun - permaculture, democracy, and a future for the world

Re: Legality of planting
« Reply #4 on: August 31, 2008, 10:03:08 AM »
In the UK its worth talking to our local council, have a discreet word with your local councillor and explain what you are doing then contact your councils Horticulture manager and do likewise.
More than likely you will get their blessing and like in our case some help if needed to take away the rubbish afterwards.We even got a lend of some big strimmers and a mower the other weekend to tidy an old ladys overgrown garden After all it is beneficial to them to have  a bit of help an input into the area.

Another thing,get the local beat bobbys on your side, invite them along to an afternoon dig or bulb planting. We have the local Inspector on board now as well as most of the bobbys in our part of town. They dont do any digging etc but always keep an eye on the litle bits we do.