I need to post a question. What are the parameters for harvesting wild edibles on land that you don’t own? I ask because there is a back road that I often travel. I can’t help but notice that there a scores of elderberries on this stretch. The land is nowhere near any houses. It never appears to be used, mowed, trimmed or otherwise cared for. I have never seen anyone harvest any of the food there. The mushrooms stay on the trees, the elderberries don’t appear to get picked. The raspberries and blackberries stay put and the apples fall off the trees to rot on the ground. None of this lack of harvest is without merit. This forage provides winter food for birds, small animals, bear and deer. I’m not suggesting that anybody strip trees or vines but given the abundance, it’s unlikely that my harvest will affect anything. I am wondering if you feel comfortable harvesting on land with no clear ownership and without “No Trespassing” signs.
I really want those Elderflowers. I want to make some fritters and some wine and my trees don’t produce enough flowers yet. I also want some Yarrow. I found some on a hill on a very lightly traveled road. I have no idea who owns that little hill but I’m not comfortable just digging up a plant, even though Yarrow is one of the herbs that self-seeds and is not at any risk of over harvest.
It’s a small moral issue in a world with so many larger moral issues to be concerned with. But it is just not possible for me to have any impact on the debt ceiling, Greece bailout, wars on multiple fronts, Monsanto and nuclear power plants. I can only manage my small sphere and I want to do the right thing. I now how annoyed I get when people harvest my fiddleheads without asking first.
A small aside. I’m having trouble posting replies here. The computer is not recognizing me and won’t let me post. On my own site. It’s crazy. I can post but I come up with a silly name and the wrong URL. Have patience. I’m working on it.
June 29, 2011 at 6:31 am
My mother at two different times in her life owned land like the land you mentioned. Once it was a field that produced a plethora of wild berries. The other time it was a wooded lot that produced various edibles. Both times she was contacted out of the blue by someone she didn’t know to ask if it was ok to pick the food. They found her by just looking up the land owner of record and using a phone book (before internet!). She was happy to let people pick her land both times.
June 29, 2011 at 6:38 am
If they’re right on the road and visible I wouldn’t be too concerned. However, I wouldn’t risk venturing into the property because that is trespassing and I get annoyed on the rare occasion we see people on our land. There are various hunting periods in MA and I wouldn’t run the risk of wandering around. We have posted No Trespassing signs and the hunters in our area know not to venture onto our property. Besides, we have two dogs. I don’t want them being shot by an arrow or a bullet.
June 29, 2011 at 6:42 am
In unmarked areas (no, no t sign) I would go ahead and harvest, at least moderately…if you know the town and any of the adjoining landowners, you could spend a half hour or so with the town clerk and ask who owns it and how to contact them. However, basically abandoned land, most folks consider it ok to pick on. Believe me, if no one wants you there, someone will let you know. In this case, it’s probably ok to “beg forgiveness after than to seek permission before”. We have done this many times in the past and the feeling I got was that as long as no harm is done, it’s ok.
I found a ton of apples in the park area near me and want to do the same, but because I am aware of the owner, I will ask. Down the road, where it’s not park land, I will just pick.
I have made a wonderful tea with elderberry blossums and even that imparts some of the wonderful benefits of elder. My main use is in making a syruped tincture for fighting colds and flu. We used it religiously this year and not one cold in the house; a record for us, since daughter works retail and hubby travels.
June 29, 2011 at 8:22 am
Personally, I would not harvest anything off land that was not mine without getting permission first. I know it’s tempting when you see things that are just going to waste. However, it is not hard to find the owners of the land, either through the local county offices, or even sometimes you can get the information on the internet through local government websites. Usually people are glad to share with someone who takes the time and effort to ask.
I don’t think I would take too kindly to someone coming onto my property without permission, even if the land wasn’t currently being used or harvested. In my mind, and I think in many others’, that is considered stealing. Even if there was not the threat of prosecution, as a Christian, I could not justify taking something that didn’t belong to me. I’m not claiming to be perfect, but I think it’s important to try to do the right thing as much as we can.
June 29, 2011 at 8:39 am
Kathy, you should have some sort of GeoData website sponsored by your county or state tax office. Find the area where you want to forage on the site’s map and click on it to pull up information about who owns the property — it’s all in accessible public records so you’re not invading anyone’s privacy. If you can’t figure out how to contact the owner and ask for permission once you discover the name, then at least you’ve done your due diligence and can say you tried should you ever get busted for trespassing. Best wishes!
June 29, 2011 at 8:46 am
Thanks Nana. That’s ind of where I’m heading with this. We all have to make decisions based on our feeling of right and wrong.
June 29, 2011 at 9:03 am
If it is on the right of way, the first 20 to 50 feet depending on the road, then you can harvest without a worry. If you want to venture into the land please try to contact the owner. I have lived in rural areas most of my life. We dug many flowers from ditches and abandoned homesteads. But we always left some and only dug ones that we knew multiplied naturally and abundantly. We always picked wild cherries, plumbs, blackberries, etc. from the sides of roads and up to pasture fences. No one ever had a problem with it and since it is on the right of way you should be ok.
You should check the trespass laws in your state, in many states if the land is not posted you can not be ticketed or fined until you have received a written or verbal warning.
June 29, 2011 at 9:04 am
Kathy, may I give your book a shout out on my blog sometime in the future? I’m currently a community blogger for the Worcester Telegram and Gazette. That is, I’ve taken it up again after being away for a few years. It’s a great book and I’d like to inform others about it. Only with your permission of course.
June 29, 2011 at 9:05 am
Go to your county Platt Mat Room. They can then tell you the name of the person that pays the taxes on the land. Then get ahold of the person and ask permission. Always safer that way.
June 29, 2011 at 10:10 am
Also find out what your community states is the Right of Way for the roads in your area. Land within the Right of Way is public. That being said though, if the ROW area is obiviously being maintained by the adjacent landowner I would definitely find out how to contact the land owner. ROW areas along abandoned properties…I don’t think I would sweat it too much. I just wouldn’t enter the properties without trying to contact someone.
June 29, 2011 at 11:22 am
Hi Kathy,
I’d add my voice to the others for trying to find the owners and asking permission. If the land is really as uncared for as it appears, when you do, they will probably tell you to help yourself, but I would be very upset to find strangers on my land.
I also have friends who lived at the top of a hill with wild berries at the end of a private drive (near the highway). The berries *look* like they might not be on private property, but they are, and my friends get quite upset, b/c they preserve as well & want the berries for themselves.
Since you *know* this is private land, permission is even more important.
June 29, 2011 at 12:58 pm
I’ve been picking blackberries off some vacant land in our subdivision. It never occurred to me to ask, but I know no one is planting them there. Before I found these, I was picking behind the elementary school, so public property. Unfortunately they killed them off because of some snakes.
My grandmother used to pick all sorts of fruit and berries, even ringing doorbells tpo pick fruit that was obviously not being harvested in someone’s yard. I guess I’ve always figured if it’s along the road, and not in someone’s yard or cultivated looking, it’s probably fair game.
June 29, 2011 at 6:05 pm
Some one owns the land. It may be a bank/corporation/something else. Someone or something is paying the taxes on it. If not, the county owns it. Ask the neighbors or the tax collector/town clerk. Should only take a phone call.
June 30, 2011 at 3:27 am
I have to say I’ve never thought twice about harvesting berries or leaves off the roadside. I probably wouldn’t dig something up for the roots- but really, apples or blackberries or something like that? Of course! Even in the city, the unspoken rule is that if he fruit hangs over the fence, you can grab it. I agree with those who say not to go more than a bodylength off the road, though.
June 30, 2011 at 6:57 am
Call your county tax assessor (unless there is a web site that is searchable) and ask who owns it. Right of way doesn’t include harvesting here in Indiana, or the first few feet of corn would be harvested by passers-by. Morals are something we pass on to our kids.
July 1, 2011 at 6:54 pm
Everyone else’s answers sound about right to me – on the roadside ok, on the property, find out who it is and ask. Re: yarrow – we’ve got to get together – I have tons of the stuff started for the herbal CSA that didn’t sell – I’d love to give it to you!
Sharon
July 1, 2011 at 8:11 pm
If you know the land is ‘abandoned’ then take what you can use…you have obviously watched to see what happens…ask around too to see if it ‘belongs’ to someone…if so, track them down and ask permission, if ‘not’ then go ahead…where I live there is alot of land on either side of the road not ‘owned’ by anyone but the mining company (the land is an environmental buffer zone) or the tree harvesting/logging company…I go maybe 10-15 feet off the road and then stop
simply because I am not interested in mr. noshoulders and snapping turtles 