It’s the perfect time of year when apples, pears, plums and other classic British fruit trees have been flourishing with free fruit in our gardens, as well as in fields and along roadsides.
Planting a fruit tree is a cheap and easy way to get an annual supply of fresh, tasty fruit with zero carbon footprint. But fruit trees grow quickly and within a few years, your neighbour’s cute little Bramley apple tree can become a hulking great thing extending its branches over your garden and leaving fruit dangling over your property.
According to lawyers, there are actually laws which govern fruit trees and picking fruit, including those which relate to plucking a free apple from your neighbour’s overhanging tree.
It turns out, you can’t just take whatever you want from a fruit tree, even if it’s in growing into your garden and the fruit is very much on your property.
John Price, a barrister at Shensmith, says that if you have fruit trees overhanging your property, they still belong to your neighbour, not to you, and legally you need to offer the fruit back to them before you keep it for yourself.
He explains: “Those of you with neighbouring fruit-bearing trees overhanging your property should remember that the fruit from this tree still belongs to the tree’s owner, and you cannot take it and keep it without the owner’s permission.
“This applies to so-called ‘windfall’ fruit that may have fallen off the overhanging branches onto your land.
“If the tree is producing fruit, seeds, leaves or any other extrusion causing damage or interference to your property, however, then the owner of the tree should be consulted, as they may be causing an actionable nuisance.”
If you do feel that your neighbour’s tree is causing problems, the best course of action is to approach your neighbours first. Mr Price adds: “Those who feel they are or are to become victim of tree-related issues should, before all else, try and establish effective, cooperative communication with tree owners to express their concerns and suggest what action they want to be taken – this can certainly help to avoid the costs and stress of litigation, as well as the resultant neighbourly frostiness that such disputes can provoke.”