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Taking things from the local tip

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goodison1234 | 03:56 Wed 02nd Sep 2009 | Law
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Can you take things which have been left at the tip? I saw a nice looking TV someone had left with a note saying "in full working order". Are you legally allowed to take stuff from the tip? I guessed that maybe you'd be doing them a favour in a sense as they would need to pay to dispose of items especially things like TV's.

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From a Scottish perspective the Theft Act 1968 does not apply. The common law in Scotland applies and that dependes on the type of property that is being 'abandoned'.

In Scotland, before corporeal moveable goods can transfer ownership there needs to be delivery plus intention to transfer the property - unless there is a sale and SOGA can then also apply....
00:45 Thu 03rd Sep 2009
At our tip you have to buy things from the tip.

Although I am not sure that they are allowed to give/sell electrical items because if you get electroucuted you could sue the tip.
No. In Williams v Phillips, dustmen employed by the corporation were convicted by magistrates of stealing goods from dustbins collected in the course of their rounds. On appeal, the Divisional Court (the appeal court in the High Court that hears appeals, on points of law, from magistrates' courts) held that refuse put in a bin was not abandoned. It was the householder's property until it was taken away, when it became the corporation's property.

The same reasoning must, surely, apply to stuff on the tip.
Signs to that effect appear at every local tip I've been to in the last 10 years.
Some councils have done deals with the licensed tip operator to enable them to resell any dumped products, but unlikely to apply to electrical products.
At our tip the employees take the good stuff and sell it on a Saturday market in the next town.It is a council tip by the way and the practice is well known to everyone.How do I know personally , a few months ago I took a kitchen roller blind to the tip, it was 9 feet across and 6 feet in drop.Good condition and clean.

I took it to the tip on a Friday and in conversation the same day told my son. He said that he could have done with the blind .He went to the market first thing Saturday and bought it for �3. A form of recycling I suppose.!!!!
If you see AnswerBank Version 1 lying on the tip please leave it there ! Do not Rescue !! lol
Under s2(1)(b) of the Theft Act 1968, you are not commiting an offence if you believe that the owner of the property would give you their consent.

I would argue that as the TV was put in the tip you would assume that you have their consent to take the property and so no offence has been committed.

However, if there was a sign at the tip making it clear that you had to pay to take anyaway anything dumped there, then obviously you would not have the owners consent, and you would commit an offence. The owner in that case being the owner of the tip (ie the council).
down our tip theres a little 'shop' where decent items that people have dropped off are put in to and are sold to the public for just a few quid, and all money goes to the heart foundation charity.
its amazing what some people throw out! many a bargain can be found down the tip! lol
Back in the day when CRT monitors were all the rage I bought a 21 inch CRT monitor for 3 pounds and all that was wrong was the fuse in the plug.
From a Scottish perspective the Theft Act 1968 does not apply. The common law in Scotland applies and that dependes on the type of property that is being 'abandoned'.

In Scotland, before corporeal moveable goods can transfer ownership there needs to be delivery plus intention to transfer the property - unless there is a sale and SOGA can then also apply. But in the absence of a sale intent plus delivery is required.

So if Bobby no longer requires his TV and takes it along to the local dump then his behaviour suggests that he intends to transfer ownership of his TV to the owners of the dump (his local authority, perhaps). JR cannot acquire ownership of the TV unless the new owner (the owners of the dump) agree to pass ownership to him.

If JR wants that telly he has to have the consent of the new owner. Otherwise, if he takes it without their consent, he commits and act of theft.
I went to the tip isaw a chest of drawers and put in my car can I get done for it that made me put it back

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Taking things from the local tip

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