Theft

[Mistry1]

A tenant of a farm sells 300 yards of lawn belonging to the farms owner to obtain money for a holiday. Is this theft?

[hammerman]

Could it be "obtaining money by deception" or even fraud ?

[daffy654]

Do you mean actual land or just the turf?

[squarebear]

Homework question.

[McMouse]

Who grassed him up?

[factor-fiction]

Did he sell the turf or sell the land space?

[twix123]

Have they called in a Turf Accountant?

[Dee Sa]

yes its theft, it wasnt his to sell it belongs to the farm owner.

[dzug2]

Well it's arguable that he rents the farm and is allowed to grow crops on it. So if he grows grass and sells the resulting turf it's perfectly legal just as if he'd grown cabbages and sold them. So the lawn wasn't property of the farm owner at all - just the ground underneath it.

But as to the strict legal position - no idea. It may depend on the terms of the lease.

[mike11111]

In order to be guilty of theft one needs to answer Yes to each and all of the following:

1. Is he dishonest?
2. Has he appropriated the property?
3. Is it property?
4. Does it belong to another?
5. Does he intend to permanently deprive the owner of that property?

Classic scenario for 1st year LL.B. undergraduates.

[jackthehat]

But surely, he hasn't actually 'stolen' anything from the Farmer; the ground is still there, the farmer may still access it, etc. The title always remained with the Farmer.

The person from whom the tenant took the money for the sale is the victim.

The tenant had no title to the property..........

It would have been 'Obtaining a pecuniary advantage by deception' or whatever it has been altered to by Fraud Act 2006 ?