Can I legally pick holly in parks to make my house look festive? DEAN DUNHAM answers

I want to decorate my house with holly for Christmas. Is it illegal to cut it from bushes along the road and in the park?

E. W. Lewes, E. Sussex.

Dean Dunham replies: Foraging for holly species is becoming increasingly popular at this time of year, as is berry and mushroom picking in the summer months.

A law known as the Wildlife & Countryside Act 1981 sets out the general legal position, saying you can forage freely and in moderation for flowers, fungi, fruit and leaves on communal land, as long as they grow wild.

Whatever you choose must be for personal use only (that is, you won't be selling what you collect or using it for commercial purposes, such as in a restaurant kitchen).

Common land is defined as a publicly accessible space and “growing wild” means that it is not intentionally cultivated. Thus, entering a farmer's field or private orchard and foraging their crops is not allowed without permission.

But even taking all of this into account, before you set out to forage in any area, it's important to do your research and check that a local ordinance or ordinance doesn't prohibit foraging in your area.

You can do this by contacting the municipality, reading the available signs in the area or consulting online resources.

Bylaws are regulations set out by local councils, the National Trust and government conservation bodies such as Natural England, NatureScot, Natural Resources Wales and the Northern Ireland Environment Agency.

The law gets trickier if you want to go to private land, such as a farmer's field, to forage.

Here, the criminal law – and in particular the Theft Act – reflects the situation regarding foraging from common land, meaning that it is not illegal to pick anything growing in the wild for personal consumption, including fruits, flowers, fungi and leaves of private land.

But trespassing on private property without the landowner's permission is a trespass and could land you in hot water.

However, entering the home is not a criminal offense, but a civil offense. So you cannot be prosecuted. However, you could be taken to court.

My advice is that unless you are foraging on land that is clearly public, you should always ask permission from the landowner.

'Custom-made' sofa mix

I ordered a sofa online and tried to cancel within the cooling-off period. However, the retailer says I can't cancel because I chose the color of the sofa, which means it's 'custom'.

Is it not within my rights to cancel?

RR, Bad.

Dean Dunham replies: Where you purchase goods outside the trader's usual physical location (such as online, a pop-up shop, an exhibition/Christmas fair) you can change your mind and claim a refund at any time up to 14 days after the goods have been dispatched. Delivered.

However, the law, known as the Consumer Contracts Regulations, provides for some exceptions to this general rule, including cases where the goods are 'tailor-made'.

Retailers, especially furniture retailers, often interpret the concept of 'custom' literally and therefore think that they can apply this exemption when the consumer chooses something relating to those goods, such as color or size.

In my view, the 'customized' exemption can only be used by retailers where the consumer has chosen options that are so specific to the needs of a particular buyer that there is no market for them once he cancels the order.

Let's say a dress or suit made to specific measurements, or monogrammed goods.

If you have only chosen one of the manufacturer's standard colors for a sofa, this is not really unique to you and therefore in my opinion does not fall under the custom exemption.

Demand your money back!

• Write to Dean Dunham, Money Mail, Scottish Ny Breaking, 20 Waterloo Street, Glasgow G2 6DB or email d.dunham@dailymail.co.uk. The Ny Breaking cannot accept any legal liability for any answers given.