Homeowners are being warned they risk a fine for taking fruit from a neighbour’s tree.
September is one of the peak times of year for fruit trees, with apples and pears in particular in full-on fruit production mode. Both regular apples and cooking apples are in plentiful supply as the summer turns to autumn, and with the rapid pace at which apple and pear trees grow, many end up overhanging your garden from a neighbour’s boundary.
But tree survey experts at ecology website Arbtech have warned that even taking fruit that has fallen into your garden from your neighbour’s tree could be considered theft.
While some properties may not actually own a fruit tree themselves, they can find themselves in a position where fruit is falling into the garden or overhanging from a neighbours tree.
Overhanging fruit – whether it’s been cut back to the boundary or fell into the garden naturally – should be offered back to the tree owner, as taking fruit without permission can be classed as theft.
But experts are warning households to not let the temptation of keeping the fruit get the better of them, as it’s technically breaking the law.
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.”
Arbtech’s guidance states: “You are legally allowed to cut back branches that cross into your garden – provided the tree isn’t subject to a tree preservation order – but only up to the boundary. The branches, including fruit, still belong to your neighbour and should be offered back.
“Even if the fruit is hanging into your garden, the fruit itself still belongs to the tree’s owner. Picking, eating, or keeping the fruit is not allowed without permission from the owner, and the practice is known as “scrumping”. Taking fruit without permission is actionable under the Theft Act 1968, although the last reported case was in the late 1860s.
“If fruit naturally drops into your garden from an overhanging branch, the same rules still apply – it still belongs to your neighbour and permission would need to be required to keep it. And don’t return fruit by throwing it back into your neighbours garden, as this could constitute garden waste fly tipping.”