Homeowners are being cautioned that they could be breaking the law by taking fruit from a neighbour’s tree. Tree survey experts have stated that even if the fruit naturally falls into your garden, it still belongs to the neighbour and taking it could be considered theft.
As we transition from late summer into autumn, many fruit trees across the UK will be ripe and ready for picking, including varieties of apple, pear and plum trees. While some properties may not actually own a fruit tree themselves, they can find themselves in a situation where fruit is falling into their garden or overhanging from a neighbour’s tree.
However, experts are warning households to resist the temptation of keeping the fruit, as it’s technically breaking the law. Overhanging fruit – whether it’s been cut back to the boundary or fallen into the garden naturally – should be offered back to the tree owner, as taking fruit without permission can be classed as theft.
Dean Meadows from Arbtech said: “It might sound silly, but most people don’t realise that eating a fallen apple from a neighbour’s tree could actually be considered theft. In most cases, neighbours wouldn’t mind at all, but it’s always good to have a friendly chat to see if they are okay with it before taking any windfall for yourself.
“As for overhanging branches, you’re well within your right to prune branches back to your property boundary, but remember that anything you cut – including fruit – should be offered back to your neighbour as well.”
What you need to know about overhanging trees and fallen fruit
Branches and fruit that overhang your boundary
You are legally permitted to trim back branches that extend into your garden – provided the tree isn’t protected by a tree preservation order – but only up to the boundary line. The branches, including any fruit, still belong to your neighbour and must be offered back.
Picking and eating fruit from a neighbour’s tree
Even if the fruit is dangling into your garden, the fruit itself remains the property of the tree’s owner. Picking, consuming, or keeping the fruit is forbidden without the owner’s permission, and this practice is referred to as “scrumping”.
Taking fruit without consent is prosecutable under the Theft Act 1968, though the most recent reported case dates back to the late 1860s.
Collecting windfalls
If fruit naturally falls into your garden from an overhanging branch, the same regulations still apply – it continues to belong to your neighbour and permission would be needed to retain it.
And don’t return fruit by hurling it back into your neighbour’s garden, as this could constitute garden waste fly tipping.