Property

Question 1

What must the appropriation be of?

Answer 1

The appropriation must be of property, as defined in section 4 of the Theft Act 1968.

Question 2

What does property include?

Answer 2

Property includes money and all other property, real or personal, including things in action and other intangible property.

Question 3

What is money?

Answer 3

Cash

Question 4

What is real property?

Answer 4

Land and other things attached to it

Question 5

What is personal property?

Answer 5

moveable items

Question 6

What are things in action?

Answer 6

Bank accounts or debts

Question 7

Is information property?

Answer 7

Information is not property for the purposes of theft, as held in Oxford v Moss.

Question 8

When can land be stolen?

Answer 8

Land can only be stolen in limited circumstances, such as where it is severed from the land, as set out in section 4(2) of the Theft Act 1968.

Question 9

What does severed from the land mean?

Answer 9

Severed land means something that has been cut off or removed from the land.

Question 10

When can wild mushrooms, flowers, fruit, or foliage only be considered property?

Answer 10

Wild mushrooms, flowers, fruit, or foliage can only be considered property if they are picked for commercial purposes, under section 4(3) of the Theft Act 1968.

Question 11

When are wild creatures only considered property?

Answer 11

Wild creatures are only considered property if they are in the possession or control of another person, or have been reduced into possession.

Question 12

Therefore….

Answer 12

Therefore, the court must consider whether the item in question falls within the definition of property under the Theft Act 1968.