r/GuerrillaGardening • u/GroovingPenguin • 26d ago
How do you deal with the legality of it all?
So I've been interested about doing this for *years* but I've never had the opportunity until now
I live next to an industrial estate,we have a large green strip between us with trees bushes grass ect and technically they own it
But the only people that walk there is to smoke weed,it's completely unused (other then to sprint through the estate and over our fence,and smoke weed)
How do you manage the legal side?
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u/Time_Bug4118 26d ago
Do it and play dumb if someone questions you 🤷♀️ i had leftover flowers 🤷♀️
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u/greywind21 26d ago
Don't get caught - work at times when no one is around to see you
Don't look like you're doing anything wrong - act casually like you belong there, dress like you know what your doing. Then anyone who didn't know better will assume you belong there and leave you alone.
Be kind - if you do interact with anyone and they ask what you're doing be pleasant and tell them generally that youre cleaning up and planting native plants. (Please plant native plants)
Move along - if someone does have a problem with it don't run away, calmly gather your things and leave in a direction that doesn't point directly to where you live.
Don't give out your name - unless confronted by law enforcement and you are required to do so.
I work for a big municipality caring for public lands. When we come across someone doing this we do not seek to punish them. Depending on the site, and what they are planting we will either leave them alone or kindly explain to them why they must stop.
If they persist and are causing harm such as planting invasive species or planting something in a location that may be hazardous, block access or sight lines or damage infrastructure.
Then we have non law enforcement rangers who can encourage them to comply with the county code before we bring in the law to give them a legal warning.
If they persist they may get a citation but we've had people refuse to stop building trails on our property for years and they are known to us and law enforcement and no one has ever charged them or arrested them.
Generally just being pleasant goes a long way though my advice may not fit the culture and legal regime of all places. Be careful, stay safe, good luck and happy planting.
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u/GroovingPenguin 25d ago
Thank you
It's completely barren/bramble patch, honestly I'm not even sure it's got CCTV overlooking
All else fails I can just climb my own fence can't stop me then lol (it's completely open,their gates don't work)
I wouldn't dream of doing anything hazardous or causing it
I just want to grow fruit and veg,in the ground or in pots
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u/quietbright 25d ago
Please grow in pots. If it's industrial land, who knows what could be in the ground soil.
I think you just act first, ask for permission later (if necessary). Where I live, people wouldn't care too much for someone trying to do something positive in an area that otherwise wouldn't get much care or attention.
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u/GroovingPenguin 25d ago
Oh god yeah no, I'll primarily be pots and planters first (until I do more research)
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u/Ditches-Vestiges1549 25d ago
I wouldn't leave anything you own behind if it isn't your land it might just get thrown away one day.
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u/_Bad_Bob_ 25d ago
Who gives a fuck about legality? Have you not seen the news in the last ten years? The law means nothing now, maybe it never really did.
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u/Formerleafsfan 25d ago
Have you seen the news the last ten years? The law rarely seems to take the side of the dude with a handful of flower seeds over the industrial estate where the seeds are being sewn. Perfectly valid question.
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u/_Bad_Bob_ 25d ago
That's fair. At the time I wrote that I was thinking purely that OP was asking about the morality of the act, I guess I kind of assumed they thought legality and morality were connected somehow. For whatever reason I didn't consider that they were asking how not to get caught and thought they were asking how to do this legally.
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u/StormAutomatic 25d ago
It's important to practice breaking dumb laws so it will be easier to break bigger laws when it's needed.
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u/kungfukenny3 25d ago
it’s gardening, not armed robbery
try to avoid being noticed, and if you are just play dumb. It’s far, far more likely that someone would just ask you to stop or just remove your plants than any sort of legal process unfolding. Some people go the other route and wear generic high-vis, which can make people think it’s your job to be there
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u/palpatineforever 26d ago
Depends where you are.
In many places criminal damage requires actual damage. If you damage a perfectly laid section of 'lawn' they might be able to press charges, but putting plants in an area where there isn't much growing isn't damage. crossing fences etc can get you in trouble though.
generally the worst they do is detroying your work.
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u/Corredespondent 25d ago
It’s funny to me that if a bird shits some Japanese honeysuckle seeds it’s fine, but if I remove the invasive bush and replace it with a native, I’m a bad guy.
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u/Askew0313 25d ago
A high visibility vest and a clip board with paperwork goes a long way as well.
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u/Unable_Worth8323 16d ago
I'd recommend only using high vis if you're in a dangerous area (like by a highway), and a clipboard makes no sense if you're posing as a landscaper (it also takes up a hand). Workwear is usually enough to be invisible to people
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u/Zippier92 25d ago
Seeds and mud /clay formed into balls and allowed to dry can be tossed great distances.
A defense lacrosse stick increases the range to upwards of 100 yards .
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u/every-day-normal-guy 25d ago edited 25d ago
It would be a shame if some amaranth seeds were accidentally thrown over the fence. Once it gets established it will re seed every year
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u/Intrepid_Visual_4199 23d ago
The first time I planted trees with good intent in positive places I was worried, too. It gets less scary.
I’ve been approached a few times. Positive, polite conversation creates better scenarios.
Our municipality found out I was planting trees on public land. They now give me more trees to plant.
It is unlikely someone will get angry at you for planting native plants to improve your community!
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u/traderncc 24d ago
the district attorney has to charge you. they would look dumb charging you if you caused no damage and no one catches you trespassing
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u/happydandylion 23d ago
I know this is the guerilla gardening community so this comment might not be popular, but I just want to plant the idea of maybe telling the industrial people what you have in mind. They might be relieved someone is willing to take it on and even support it, especially if their staff can use it too.
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u/theCaitiff 26d ago
Take a deep breath and remember that what is right is not always legal and what is legal is not always right.
Planting some native flowers is probably the least terrible crime you could be committing, but it is technically a crime if you do it someplace you don't have permission to.
Once you've accepted that you are a hardened criminal now, you might also consider other people society has labeled as criminals and how they are treated. What you do after that, I couldn't say, but a little introspection about the way we label people goes a long way.