Beekeeping Law

[Digestive]

Thanks the advice so far.....we appreciate all the experience being given to us...and on that basis we’ll rotate the hive

Still intrigued by the ‘legal’ advice but seems like we’ll just get on with it and say ‘c’est la vie’ to the neighbour

 

[ANDubuis]

Thanks the advice so far.....we appreciate all the experience being given to us...and on that basis we’ll rotate the hive

Still intrigued by the ‘legal’ advice but seems like we’ll just get on with it and say ‘c’est la vie’ to the neighbour

https://www.legislation.gov.uk/ukpga/1990/43/section/79

 

[Arfermo]

If you want to go the extra mile, read Bees and the Law by Frimston and Smith or Bees at Law by Noel Sweeney. I was warned that the Sweeney was edited poorly; it is certainly written oddly, which means it has stayed on my shelf only partially read.

Bedtime early tonight?

 

[Antipodes]

Just FYI the corner looks fine I’d be inclined to face them into the big hedge and consider some screening to rear as much for your enjoyment of the garden as his!

I'd face them towards the hedge and definitely put a complete visual barrier on the side facing the neighbour so he can't see them. Something like a paling fence and then grow a fast growing vine over the fence to blend it in.

 

[Erichalfbee]

Still intrigued by the ‘legal’ advice but seems like we’ll just get on with it and say ‘c’est la vie’ to the neighbour

It happens every time this subject comes up. How many of us are lawyers?
@thorn ?
We might have to wait for a test case; a bit like a test frame?

 

[BeeJam]

As for yelling at the kids for making a noise, I have every sympathy with the OP's neighbour. Since the kids next door got a trampoline I've not been able to eat or entertain in my garden in peace. I was able to persuade the bees to attack the daughter's unsuitable boyfriend a few years ago. I must work on getting them to go for anyone using the trampoline. I'll take the risk of their bringing a nuisance action.

Ha that's given me a great idea. Since the pub next door reopened they've filled what was the car park with more and more benches, many of which have a direct view into our house. The noise on fine days is something else, not to mention the people who think its fine to walk into our garden or let their dogs do so. Its quite tempting to move my hive up to our garden from our field just down the road where they are presently situated. Just a shame its less than 3 miles away. Might have to see if I can borrow a colony from someone. (I've also got queries in with the council licencing and planning depts but they claim to be snowed under at the moment).

 

[B+.]

Can anybody clarify what the legal status of beekeeping in the UK is?

Obviously not an issue owning a hive, bees etc, but more from can neighbours complain if they are concerned by it (or don’t like it) and for example who is responsible for if a swarm takes up residence on somebody else’s property?

I ask as we live rurally, have a very large garden but also very very unfriendly neighbour (think bored old man who likes nothing better than to complain about everything, noise, children, etc etc) and wondering how our hive (we are setting up) could cause him to complain and what under what pretence.

In law, you have the rights & responsibilities of ownership (year 1 contract law) so, you can complain if a neighbours activities interfere with your ability to enjoy your own property.

 

[Ian123]

Thanks the advice so far.....we appreciate all the experience being given to us...and on that basis we’ll rotate the hive

Still intrigued by the ‘legal’ advice but seems like we’ll just get on with it and say ‘c’est la vie’ to the neighbour

As said previously you have every right to keep a hive. But you have a legal and moral obligation not to affect the neighbourhoods right to enjoy their garden/space, I’ve seen and dealt with hives that did/could chase everything in a few hundred yard radius indoors. I’m also not adverse to telling any to take a hike if there being ridiculous. Beekeeping gets easier with experience normal proviso’s applyit wouldn’t be the first example of beginners having an out of control hive and no hope of dealing with them. So just have a back up plan and be reasonable.

 

[Fiona in South View]

I also enjoy sitting and watching the bees fly in and out of their entrance and understand how you would feel about turning the entrance around to face the hedge. Would it be possible to compromise and turn them to the side so you can still see them but their flight path is along the side of the garden. When I moved my apiary into the garden, we put a trellis up effectively cutting off a third of the lawn. The trellis is higher just by the hives, but lower further away so that we can still see over. I have planted honey bee friendly climbers along it. The bee ‘lawn’ area is now allowed to go wild with a mown strip around the edge and some wildflowers interspersed. Our friends entertaining areas are on the garden side, but our bee watching bench is on the bee side. We can also see the hives from the house and whether the bees are flying. Pure bliss!

 

[Digestive]

Based on the consensus of the hive entrance facing the hedge...is there an opinion on the distance from hedge to hive? (at the the moment it would be around 3ft...)

 

[Murox]

Behind the hedge is a farm track to access the fields that surround us (there is also a public footpath up the track) there is also a drainage ditch for the field run off so a good source of water for the bees.

The hive has a good 20-30meters of lawn before the side of our property and around another 30-40m lawn to the left hand side...We like the idea of being able to see the hive entrance while in the garden to watch the bees (if that makes sense).....with it facing out be a cause for concern with that space in front of it?

At what distance from the hive would be considered ‘safe’ and considerate to the bees flight path?

Not so much a distance question really - when they exit/enter the hive - its useful if they go up above/drop down from six feet or more as quickly as possible so as to minimise the chances of people getting into the flight path and possibly getting stung as a result - including you and the dog. As others have suggested find yourself a second sight in case you need to move the hive .

 

[Boston Bees]

Thanks the advice so far.....we appreciate all the experience being given to us...and on that basis we’ll rotate the hive

Still intrigued by the ‘legal’ advice but seems like we’ll just get on with it and say ‘c’est la vie’ to the neighbour

In a garden setting, wide trellis is your friend. Something like this:

Forest Garden Traditional Square Dip treated Trellis panel (W)1.83m (H)1.83m | DIY at B&Q

(but maybe a better quality version)

You can see through it, to see the hive entrance etc, but the bees won't (generally) fly through it, so you will push them up above danger height. And the hive will still get the sun. If you want to screen the hive from view from a neighbour you can use denser-spaced trellis of course.

 

[madasafish]

I would suggest - as per JBM - that once a week when the hive is empty - and your neighbours are in residence, you don bee suit and light a smoker and act as if you are doing an inspection. You are of course practising.
Deal with any complaints then! (and record them - so IF in future you receive a legal letter - you can give an example of your neighbours acting unreasonably.)

 

[TryingToLetThemBee]

The case law on bees and nuisance is very thin (but can be Googled easily enough if you want to supplement the posts and other sources here). I recall a sting a YEAR though, not a week. And three hives was held to be reasonable enjoyment of the beekeeper's property in one case. Garden beekeeping is tough though, I can tell you from experience. Good luck, especially as the AS's etc kick in. 2 tips. 1) RUTHLESSLY cull consistently aggressive hives and/or their queens and 2) try VERY HARD INDEED to avoid swarms.

<ADD> Decent summary http://www.nbbka.org/newsletters/archive/files/NBBKA.org_Newsletter_2011_03_BeesAndTheLaw.doc </ADD>

 

[Pembroke]

Here's a webpage that has loads of info (although a good few years old) with a few ancient cases in it too.

https://www.nsbka.org/index.php?option=com_content&view=article&id=733&Itemid=1413
Compiled by a retired lawyer but as he says do not rely on the notes for definitive legal advice if you need it but seek out contemporary legal advice.

 

[Swarm]

Life's too short. Find an out apiary site, far more fun and less stress.

 

[Digestive]

Life's too short. Find an out apiary site, far more fun and less stress.

Thanks.....We live surrounded by fields (and just one miserable old man) so practically are an out site.

And I guess in a similar vein of ‘life’s too short’ why should we let him ruin something we’re looking forward to doing!

 

[Erichalfbee]

Thanks.....We live surrounded by fields (and just one miserable old man) so practically are an out site.

And I guess in a similar vein of ‘life’s too short’ why should we let him ruin something we’re looking forward to doing!

I think what Swarm means is life is too short to fight constantly with your neighbour.
If you are looking over your shoulder any time you are inspecting the bees to the extent that you become reluctant to do any manipulation your pleasant past time becomes a chore.

 

[Boston Bees]

Thanks.....We live surrounded by fields (and just one miserable old man) so practically are an out site.

And I guess in a similar vein of ‘life’s too short’ why should we let him ruin something we’re looking forward to doing!

Quite right.

Out apiaries have their own problems too. We are in the process of giving up ours.

But your hive is fairly close to his boundary, so I would certainly do more than just turn it around, if he is sensitive to these things (to be honest, even for a tolerant neighbour, the hive is in a fairly "provocative" location). I would be investing in some proper fencing to screen the hive completely from his view.

 

[thorn]

Not so, Steve.

The hived bees are the property of the beekeeper and are defined as animus revertendi, which means they intend to return. A swarm is defined as ferae naturae because it has no intention to return, is now wild, and can be taken and hived by anyone (depending on whose property the swarm lands). At this point the status of the bees reverts to animus revertendi.

If you want to go the extra mile, read Bees and the Law by Frimston and Smith or Bees at Law by Noel Sweeney. I was warned that the Sweeney was edited poorly; it is certainly written oddly, which means it has stayed on my shelf only partially read.

The Court of Appeal held in 1938 that the bees were the the beekeeper's property so long as they were in his sight and he had the power to pursue them. The power of pursuit ended when they left his land and flew onto the land of another. At this point they reverted to ferae naturae. They then became the property of whoever who took and hived them. The Court heard arguments quoting sources which went back to the codification of Roman law in the 6th Century (lawyers had a proper education in those days. Nowadays most of them struggle with basic grammar). One of the Appeal Court judges was Lord Goddard, who later, during his time as Lord Chief Justice seemed to take a delight in handing down capital punishment.

In this case the neighbour initially refused to allow the beekeeper into his garden to catch the swarm. He later changed his mind, but by then the swarm was gone. It was valued at £4. Imagine how much it would have cost to go to the Court of Appeal in those days before legal aid, legal expenses insurance or conditional fee agreements. A lot more than the value of a load of hay, or even a silver spoon. But the parties, next door neighbours who clearly didn't get on well, were Yorkshiremen, and it was a matter of principle.