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Chapter 5: Theft - Property, s 4 (1) states that they can be stolen…
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- s 4 (1) states that they can be stolen however, this is misleading because in s.4 (2) it says that they can only be stolen in the following limited circumstances
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- by a trustee abusing his powers
e.g. he will be stealing property if he sells a house that he is holding in trust until the beneficiary comes of age
- by severing things that form part of the land
hence by uprooting turf, shrubs or trees the accused may be stealing property.
lead and slates on a roof are also property that can be stolen. so too are bricks from a wall. in 1972 someone was prosecuted for theft when he dismantled an unused railway station
- by a tenant who removes his landlords' fixtures and fittings
the doors and kitchen units that he may take are property that can be stolen