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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is it legal to take something from a skip

Customer Question

Is it legal to take something from a skip
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know where the skip is located and what is in it ?

JACUSTOMER-6hcfldmt- :

I am a Councillor for a district council so the skip was on the council land.

JACUSTOMER-6hcfldmt- :

There was various things in it but there were two pictures of no value but pretty and I tool them from the skip and put them in my office. The pictures didn't go on the walls because the room is too small. They stayed in the room for 18 months and then I brought them home.

Alex Watts :

Ok.

Alex Watts :

Was it commercial waste or private?

JACUSTOMER-6hcfldmt- :

Not sure what it was.

Alex Watts :

Ok. Its not legal no, is the answer. If its commercial you need a waste transfer note.

Alex Watts :

That is because commercial businesses need to have formal documents for waste.

Alex Watts :

If it is private technically it is theft. You are taking someone else's property.

Alex Watts :

If it was left at the side of the road to be taken, that is a different matter.

Alex Watts :

But this is not.It is in a skip.

Alex Watts :

So technically its not legal but you could argue it was abandoned.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

Yes. Technically you need a waste transfer note. Also its technically theft.\

Alex Watts :

You are assuming the rights of the owner. You are not the owner.

Alex Watts :

But there is an argument it has been abandoned.

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-6hcfldmt- :

Could you please clarify the abandoned aspect please.

Alex Watts :

It is defined as: having been deserted or left.

Alex Watts :

Therefore if it was left, then there is an argument the owner has given up rights to it

Alex Watts :

Does that help?

JACUSTOMER-6hcfldmt- :

Yes, I was helped to transport the pictures does this mean that the other person had acted wrongly too.

Alex Watts :

Potentially.

Alex Watts :

But unlikely.

Alex Watts :

The chances are nothing will actually happen

Alex Watts :

Does that help?

JACUSTOMER-6hcfldmt- :

Yes at least I know, but you hear all the time of people taking things from skips often on the antiques road show!!

Alex Watts :

Indeed.

Alex Watts :

But its not legal :)

Alex Watts :

Can I help with anything else today?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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