WHO OWNS A SWARM OF BEES?
For when you livestock goes on tour. Home loving bees happily in their hives are a Beekeeper’s property under law and their theft is actionable. The moment that a swarm of bees issues from a beehive however, that ownership ceases. Since it is impossible to retrieve a swarm in flight, they enter a kind of legal limbo until they decide to settle and the owner may not be who you expect.
As long as a swarm remains over land that a beekeeper owns or has right to use, they are safe to collect and rehome when they land. No one could reasonably contest ownership. But, once they decide to settle on someone else’s property, ownership transfers to the landowner unless they choose not to accept it.
Some Beekeepers erroneously believe that as long as they retain “line of sight*, they also retain ownership of any swarm they see. This is not actually true since the persuit does not give you a right of access to private land, that’s trespass, or to retrieve them without permission. Public land is obviously less contentious. (The “line of sight” tradition is most probably a Common Law hold over, derived from Roman sources, specifically to resolve disputes between rival Beekeepers).
In the real world, it is very likely that a Beekeeper and their neughbours may be able to find common cause (with a little courtesy and consideration) over swarming, but the Beekeeper may have to consider some liability for ‘their’ bees, should distress or damage have already been felt or caused. This is why previously informing neighbours of the presence of bees and the odd honey present has always been considered important.
Of course, if the neighbour is a Beekeeper too, and no reciprocity has been agreed or can be negotiated on the day, they potentially just got a hive of bees, free and gratis, and the title to everything it produces going forward. They are within their rights to keep them. A case of losers weepers?
Luckily, most members of the public, and every local Newspaper photographer, appreciate the ‘wow factor’ when a swarm arrives. Not wishing to keep them, they enjoy the spectacle of retrieval with its theatrical dressing up and apparent magic. This usually resolves the issue with the Beekeeper in ‘hero mode’ on page 2 of the local news.
See Barker Gotelee Solicitors
… bee-keepers-liability-who-owns-a-swarm-of-bee
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