215Theft of land

215 Theft of land (1) A person cannot commit the offence of theft of land or things forming part of the land and severed from it by the person or at the person's directions, except in the following circumstances: (a) when the person has legal authority to sell or dispose of land belonging to another person and the person appropriates the land or anything forming part of it by dealing with it in breach of the confidence reposed in the person; (b) when the person is not in possession of the land and appropriates anything forming part of the land: (i) by severing it or causing it to be severed; or (ii) after it has been severed; (c) when in possession of the land under a tenancy, the person appropriates the whole or part of any fixture or structure that is let under the tenancy. (2) For subsection (1)(c), a tenancy is a tenancy for years or any shorter period, and includes an agreement for a tenancy, but a person who after the end of a tenancy remains in possession as statutory tenant or otherwise is to be treated as having possession under the tenancy, and let is to be construed accordingly. land does not include incorporeal hereditaments.