Swarm Ownership law.

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In spite of the legality of collecting a "stray" swarm, it would have been good form to contact a central swarm coordinator (who would presumably have confirmed that the swarm had an owner, or at least a recent owner, and was earmarked for collection).

I agree. All good reasons to join your local association. If you are "off the radar" then you can hardly complain when some kind soul turns up to deal with "your" swarm.
However, I also agree that, as beeks, we should make an effort to reunite a swarm with it's original owner where possible.
 
I agree. All good reasons to join your local association. If you are "off the radar" then you can hardly complain when some kind soul turns up to deal with "your" swarm.
However, I also agree that, as beeks, we should make an effort to reunite a swarm with it's original owner where possible.

That rather depends on the association - I dont think ours has any such scruples!
 
Swarm

How long does it take to "get everything ready" to collect a swarm that is in the street outside your own house?
Obviously longer, than It took someone to see it, call the council who then informed the beekeeper, for him to gather all his equipment and then travel to your house!

The bees must be his by your default and lack of action!

One of my colonies swarmed on Monday, landed in a neighbour's garden (9Ft up a tree) they were collected, with the help of the inexperienced neighbour (clad in my wife's flower-patterned suit) they were tucked up in a new hive and being fed before any one else had any cause for concern!

Bees are wild creatures, their keepers are merely custodians!:rant:
 
The BBKAs leaflet no 4B Collecting a swarm states that once you approach a swarm with the intention to collect and removal it then becomes your property and it becomes your responsibility to protect bystanders
 
How long does it take to "get everything ready" to collect a swarm that is in the street outside your own house?
Obviously longer, than It took someone to see it, call the council who then informed the beekeeper, for him to gather all his equipment and then travel to your house!

The bees must be his by your default and lack of action!

I had one of my colonies swarm yesterday. It settled on a tree on the street. My dad went out and notified a few of the neighbours close by that it was ours and that we would collect in a few hours time once we got our kit together and when the road was less busy.

Dilatoriness or consideration?
 
<It settled on a tree on the street. My dad went out and notified a few of the neighbours close by that it was ours and that we would collect in a few hours time once we got our kit together .

TO TELL SOMEONE THAT YOU ARE GOING TO WALK AWAY AND COLLECT YOUR SWARM IN A FEW HOURS IS IRRESPONSIBLE AS A BEEKEEPER. DEPENDING ON THE DAY A SWARM MIGHT ONLY SETTLE FOR AS LITTLE AS 10/15 MINUTES.WHEN THE SWARM LEFT AND WENT INTO SOMEONE PORCH CANOPY , SHED ROOF OR ATTIC, WOULD YOU BE SO QUICK TO JUMP UP AND DOWN AND CLAIM YOU BEES.I DONT THINK SO

>Instead someone called the council and this guy Eric, turned up to collect.

WELL DONE ERIC.. HE WAS DOING A FAVOR TO THE GENERAL PUBLIC THAT YOU WERE NOT ABLE TO DO, AS YOU WERE OTHERWISE ENGAUGED AT THE TIME. HOW MANY TIMES HAS HE TURNED UP AND THE SWARM WAS GONE.


>I told him that he was dealing with a virgin queen heading a prime swarm.

if you were doing your job right, this would not of happened (ie,7 day inspections)
 
Well, thanks for that supportive post, Keith. This is the first time I've come across this thread, and it was an interesting experience being on the receiving end of it.

I received the swarm-call while at work five miles away, from a member of the public who had obtained my number via either the Council or the BBKA Swarm List, or both. I left work early, thus losing £40 for two hours work; I am a self-employed gardener.

When I arrived the bees had collected in a pollarded plane tree over a public pavement, inside a collection of shortened young shoots.

A man identified himself as the son of the beekeeper and told me that they had come from his son's hive. He did not confirm that he'd followed the bees from the hive or had kept them in sight all the way, but believed that nonetheless they were his son's bees. The beekeeper himself did not appear until half-way through the collection - perhaps an hour later- and had seen nothing of the progress of the swarm.

I thus had no way of knowing whose bees they were but prepared to collect them, at which point I received a mobile call from the beekeeper's mother who insisted that her son was on his way and that they were his bees. I explained that I had no way of knowing whose bees they were, that I been called to do a job, and that as the bees were in a public place I was going to do it.

The job was straightforward: road taped, everyone advised and informed, box over the swarm, puffs of smoke, after a couple of hours up the tree holding the box on (lovely sunset) enough were in and they were on the ground. We waited until they were all in, wrapped up the bees, swept up the cuttings and cleared the tape, said goodnight to the fifty-odd observers, and went off to the apiary.

Half-way through the job the beekeeper arrived but did not appear to have any beekeeping equipment with him. He was genial and friendly and we had what I thought was a positive conversation about beekeeping in general. At no point did he ask for the bees, assert ownership, attempt to dissuade me from the job in hand, take over the job, or offer to help.

At no time did I say to anyone 'Sorry, finders keepers, I was here first', which would have been an odd and confrontational way to deal with the situation, and not language I'd use.

The experience that day was one of the most pleasant and more memorable swarm collections: the bees attracted a large crowd all evening, and Nick (a fellow beekeeper) was kept busy spreading the bee-PR.

I cannot fathom the reasoning behind many of the posts regarding this swarm collection, based as they were on one version of events, and I thank those who have seen the wood for the trees and dealt with the ball and not the player.

Regards,
Eric.
 
The conclusion to this story is:-

Clip the queens wings.

Eric would not have lost 2 hours pay.
The beekeeper would not have lost his bees.
The council would not have been called (and wouldn't have to have written a 47,000 page sefety assessment).
No gnashing of teeth.

Everyone happy.
 
This does not help directly but it is case law in England. Please see scan from:

Beekeepig and the Law-Swarms and neighbours. Authored by a judge and a barrister, both beemen.

If the owner loses sight of the swarm they lose ownership.

PH
 
Well, thanks for that supportive post, Keith. This is the first time I've come across this thread, and it was an interesting experience being on the receiving end of it.

I received the swarm-call while at work five miles away, from a member of the public who had obtained my number via either the Council or the BBKA Swarm List, or both. I left work early, thus losing £40 for two hours work; I am a self-employed gardener.

When I arrived the bees had collected in a pollarded plane tree over a public pavement, inside a collection of shortened young shoots.

A man identified himself as the son of the beekeeper and told me that they had come from his son's hive. He did not confirm that he'd followed the bees from the hive or had kept them in sight all the way, but believed that nonetheless they were his son's bees. The beekeeper himself did not appear until half-way through the collection - perhaps an hour later- and had seen nothing of the progress of the swarm.
That is incorrect. As stated I had been and was set to return. You didn't ask my father if he had seen the swarm issue which he had. And even if he hadn't, what you did was not very nice nor very fair.

I thus had no way of knowing whose bees they were
You were told whose they were repeatedly.

but prepared to collect them, at which point I received a mobile call from the beekeeper's mother who insisted that her son was on his way and that they were his bees. I explained that I had no way of knowing whose bees they were, that I been called to do a job, and that as the bees were in a public place I was going to do it.

And my point here is you were told prior to starting work by my father, by my mother and by my wife that I had attended, that I knew the bees were there, that we had decided to leave them there until later when it was closer to sunset to avoid the large crowd you had to deal with.

You were repeatedly asked not to take the bees, and yes you did say finders keepers to my wife and to my parents.

The job was straightforward: road taped, everyone advised and informed, box over the swarm, puffs of smoke, after a couple of hours up the tree holding the box on (lovely sunset) enough were in and they were on the ground. We waited until they were all in, wrapped up the bees, swept up the cuttings and cleared the tape, said goodnight to the fifty-odd observers, and went off to the apiary.

Half-way through the job the beekeeper arrived but did not appear to have any beekeeping equipment with him. He was genial and friendly and we had what I thought was a positive conversation about beekeeping in general. At no point did he ask for the bees, assert ownership, attempt to dissuade me from the job in hand, take over the job, or offer to help.

I was well aware of the fact that you had half of the swarm in your box, and my equipment was with me in my car. I was not going to start a physical fight, but yeah I was wronged and you behaviour was not condoned by your association.

At no time did I say to anyone 'Sorry, finders keepers, I was here first', which would have been an odd and confrontational way to deal with the situation, and not language I'd use.

I dispute that, those were your words verbatim, as recorded by myself back in 2010.

The experience that day was one of the most pleasant and more memorable swarm collections: the bees attracted a large crowd all evening, and Nick (a fellow beekeeper) was kept busy spreading the bee-PR.

I cannot fathom the reasoning behind many of the posts regarding this swarm collection, based as they were on one version of events, and I thank those who have seen the wood for the trees and dealt with the ball and not the player.

Here is why, you admit that you were told prior to commencing your work, that the bees were mine and that we knew they were there, and that I would deal with them safely later when there would be less pedestrian traffic. You on the other hand caused a right scene.

For shame Eric, For Shame. I remember you rubbing you hands with glee at the size of the swarm you had just nabbed. Not the kind of magnanimous behaviour I would expect from a bee-keeper. I on the other hand did help you by giving you the background to the bees and their health history. I am not accusing you of theft, because I believe the law is unclear, but it may have been theft. Either way, what you did was not very nice though at all.

Regards,
Eric.

For the record, this was a virgin queen, the mother was clipped. I had left 2 queen cells, and a swarm issued, it happens occasionally, not much we can do to prevent that.
 
Before using emotive words like theft you may like to read the scan I put up.

For future reference the leaving two queen cells may have created your management problem. If a colony is exhibiting swarm preparations it pays to leave them just the youngest cell you can, preferably open and newly started. If they ain't got one then look to see if they have larvae they can start one from.

If they don't knock the lot out, and give them a frame of open brood a few days later.

Time is your asset here.

PH
 
What I don't understand Eric halfway though the collection when Guy turned up why didn't u say ...ok m8 do u need hand getting your bees back...think that's what most of us would do.... I couldn't have walked away with a blokes bees left him standing there,,,

sent from fox's moby
 
I was called to a swarm in a hedge, granted not in such a built up area but nether the less in a village with a footpath going right by it. Had a phone call could I deal with it, the house owner had a fairly old house with bee's living in the gable end of the house and had witnessed the swarm come out and settle.

So out i went, late afternoon early evening, it had apparently been there since lunch time so nicely settled. After the bee's were safely in the skep and i was about to pack up and leave a middle to late aged chap came wandering over asking what was i doing with his bees as he'd been watching them all afternoon and was planning to take them when it got dark. I explained that i was sorry i didn't realise they were 'his' bees and that i had simply been called out to deal with the swarm, he then got a bit grumpy and accused me of stealing his bees as he kept a couple of colonies at the edge of the village and this swarm MUST have been his. I politely informed him, as did the elderly lady (who owned the house with the bee's in the roof) that the bee's were not from anywhere else but out of her roof.

He then got even more angry telling her what did she know about bees etc, and carried on protesting his ownership.

I wished him and the couple of on lookers a good night and off i went.

The point i am making is just because someone says something is theres does not nessesarily mean it is and as i had taken the time and effort to go out to the call out i was not prepared to give in to an obnoxiuos person.

However if the person had come over, shown a genuine interest in the bees and asked could they have the swarm (and hopefully offered me a drink for my time) i would have probably given them the bees.

On a similar vein I found near one of my out apiaries a couple of years ago a bait hive with old combs in on a stand. By near i mean less than 5 mtrs from one of my hives. Luckily the farmer who owned the land also owned the field the bait hive was on (about 20mtrs from a footpath) and had not given anyone else permission to put hives there, so i left a note on top of the bait hive written by the farmer that they had no permission to be there, within a week it was gone. The same site however did have someone spotted (not by me) removing a swarm from the hedge in front of the hives one evening. Yes i felt a bit miffed that i had allowed them to swarm and that someone had capitalise of the fact, but nether the less i had let them swarm, i hadn't been there to collect them and so someone else did.

With the bee's in the OP, what would you have done if the bee's (you so say were yours) had up'ed and left the tree they were in (as they often do) and had gone and settled in someones roof or chimney, would you have paid to sort the problem? It is often best to get them out of a residential area asap.

In my opinion it is unfortunatley a case of bad luck on OP's behalf, if you were unlucky enough to loose a swarm then i'm afraid it is a case of first come first served, unless you had stayed with them until you were to collect them.

But in all seriousness we need to put this into perspective, we are talking about a swarm of bee's not the crown jewels, there is a lot worse things going on in the world to get worried about.

C B
 
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I take your point, fox, but to this day no-one knows whose bees they were, and I stand by my record of the evening as posted. I'd responded to a call-out and was doing a job that was there to be done in the absence of another beekeeper.

Its clear that Joseph has a different view, but as Polyhive and others have said, the ownership of bees is laid down in law, and I don't have the right to re-invent that.

If I did and the idea spread that a beekeeper could claim ownership of a swarm (without following from hive to tree) just by saying so, where would we be? As Crazybull pointed out, because someone claims ownership it doesn't validate their claim.

In my case Joseph was not obnoxious - in fact he was charming and amusing, I enjoyed meeting him and he shook my hand when we left, which leaves me bemused as to his views after the event.
 
What I don't understand Eric halfway though the collection when Guy turned up why didn't u say ...ok m8 do u need hand getting your bees back...think that's what most of us would do.... I couldn't have walked away with a blokes bees left him standing there,,,

sent from fox's moby

:iagree:
 
Its clear that Joseph has a different view, but as Polyhive and others have said, the ownership of bees is laid down in law, and I don't have the right to re-invent that.

I am sure that some lawyer will come along and correct me but the term owner generally includes the owners "agent" and in this case the owners agent was there.

If the term owner didn't generally include the "agent" (i.e. somebody appointed by the owner to take care of that situation) farm managers and many others would have problems at times.

So the law wasn't being reinvented merely an attempt to follow it which you appear to have thwarted.

Just how I read the thread.
 

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