Kearry v Pattinson [1938] The Court of Appeal held that the bees belonged to the original owner as long as they were in his sight and he had power to pursue them. Power of pursuit ended when they left his land and flew onto the land of another, so could only be taken by a trespass, unless the landowner consented. He didn't. The bees then ceased to be chattels and reverted to ferae naturae.
A swarm that has so reverted becomes the property of the person who takes and rehives them.
The bees in this thread are not a swarm, but hived. Therefore they belong to the hive owner. Speak first to the landowner, who may well have given permission for the hive to be placed there.
Our RBI said at an association meeting that bees were now classified as
food producing stock and no longer were regarded as
ferae naturae
This being I believe to allow the government via its agencies to force upon the general beekeeper a host of regulations as to medication of the bees?
Also would this change of status alter the law?
I put this to my brother in law who is a Barrister and he said " it would depend upon the judge to make a
common sense judgement", or would have to go to the High Court for a decision, if an appeal was made.
Recomendation is to let alone until some in depth research has been undertaken as to land owners/ hive owner etc
I am sure all will come good in the end.
Beekeepers can not agree on anything it seems!
We found an almost new inflatable dinghy washed onto the beach yesterday, fortunately the laws on finding wreck are quite clear, but we have to keep it safe until the receiver of wreck has dealt with it!
So simple to put a phone number or postcode or even name and address on a rubber boat, but not even a serial number on this one.
Bet the owner has not even missed it!
Perhaps beekeepers should also mark their property?
By no other name !
James