The K M Links Game - November 2024 Week...
Quizzes & Puzzles8 mins ago
Bike sheds for bikes only
I live on a development of 7 blocks of flats in Edinburgh. The Deed of Condition states that only bikes can be stored in the bike shed. As it is full of other rubbish, including paint, which is a fire hazard, old chests of drawers, golf clubs etc., the Residents' Association Committee have decided to have the sheds cleared out. Posters have gone up saying people must remove anything not bike related from the sheds or they will be taken away by the clearance contractor.
The residents have been given ample warning of this happening, but one resident has suggested that removing these things can amount to theft. Can anyone tell me the legal position here please. Thanks in advance.
The residents have been given ample warning of this happening, but one resident has suggested that removing these things can amount to theft. Can anyone tell me the legal position here please. Thanks in advance.
Answers
1 to 5 of 5
Best Answer
No best answer has yet been selected by janbro. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
-- answer removed --
Section 2, Theft Act, 1968:
"A person’s appropriation of property belonging to another is not to be regarded as dishonest . . . 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 . . . if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps".
If, for example, you take something out of a skip in the belief that the owner has dumped the item and won't mind if you take it, you're not committing any offence. (It's irrelevant as to whether the owner would actually give his consent. As long as you believe that he would do so, it's legal).
Similarly, if you see a pound coin on the pavement (and you can see no way that its owner could be traced) you can lawfully pick it up and keep it.
The situation you describe seems to be analogous to those I've mentioned, so it's lawful to clear the bike shed. (The only exception would be if someone stated that something in the shed was their property and that they didn't want it disposed of. You couldn't then simply 'junk' the item but you could still take it out of the bike shed and leave it on their doorstep).
Chris
"A person’s appropriation of property belonging to another is not to be regarded as dishonest . . . 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 . . . if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps".
If, for example, you take something out of a skip in the belief that the owner has dumped the item and won't mind if you take it, you're not committing any offence. (It's irrelevant as to whether the owner would actually give his consent. As long as you believe that he would do so, it's legal).
Similarly, if you see a pound coin on the pavement (and you can see no way that its owner could be traced) you can lawfully pick it up and keep it.
The situation you describe seems to be analogous to those I've mentioned, so it's lawful to clear the bike shed. (The only exception would be if someone stated that something in the shed was their property and that they didn't want it disposed of. You couldn't then simply 'junk' the item but you could still take it out of the bike shed and leave it on their doorstep).
Chris
1 to 5 of 5
Related Questions
Sorry, we can't find any related questions. Try using the search bar at the top of the page to search for some keywords, or choose a topic and submit your own question.