Biting into a shiny apple freshly picked from the tree is delicious and refreshing but could that bite be in fact a criminal act? Does your neighbour have a large fruit tree that overhangs your garden and you are unsure if you are legally allowed to pick the fruit?
This article provides an overview of the legalities of picking fruit from a neighbour’s tree. It covers the rights of the owner, the rights of the picker, and the potential consequences of trespassing. It also offers advice on how to approach a neighbour if you want them to stop picking your fruit.
Can I pick fruit off my neighbour’s tree?
You cannot pick fruit from your neighbours tree without their permission. The owner of the tree owns the fruit, including fallen fruit. The likelihood is that that your neighbour will have no objection to you picking some fruit but you should ask for their permission before you help yourself.
If you pick fruit without your neighbours permission and keep the fruit, then it is classed as stealing.
Can you pick fruit hanging over a fence UK?
Unfortunately even if branches and fruit are overhanging onto your land, you still legally shouldn’t take the fruit without your neighbours permission. Unless you really don’t get along with your neighbour then it is very rare that your neighbour would object. Your neighbour most likely wouldn’t even notice.
If fruit falls into your garden, from a neighbours tree, the owner of the tree can actually ask for the fruit to be returned to them.
The Law on picking fruit from a neighbour’s tree?
If you pick and keep fruit from your neighbours tree then this is a criminal offence under the Theft Act 1968, Sections 1-6. Your neighbour can request the fruit is returned to them and you have to oblige.
Is it trespass if you go onto someones land to pick fruit?
It is trespass if you enter your neighbours land to pick fruit from a tree. Trespass is the unlawful presence of a person on someones land or property. Trespassing can take many different forms, including walking to a tree to pick fruit.
You may be interested in my article that deals with neighbours trespassing on your land and how to deal with the situation.
How to stop a neighbour picking your fruit
If you have found your neighbour picking your fruit and you don’t want them to, you are in your right to ask them to stop and to return any fruit. If you have plans to make homemade cider, you to want to stock up your freezer or make jam and chutney, you may not want your neighbours clearing the tree bare.
In an attempt to stop your neighbour picking your fruit, you should do the following:
– The first thing you should do is ask your neighbour to stop picking the fruit. Explain why you don’t want them picking it, i.e you want it for chutney etc.
– Try and come to an agreement that if your neighbour allows you access to their garden to prune the tree and harvest the fruit, in exchange you will give them some of the fruit.
– If the neighbour continues to pick the fruit, put your request in writing. Keep a copy of the letter for your records.
– Keep a log of the incidents when you are aware the neighbour has picked the fruit and if they refuse to give it back.
– If you and your neighbour can’t come to an agreement, then you could try mediation.
– If the neighbour continues to pick the fruit without your permission then you could report this to the police or seek an injunction to prohibit them picking the fruit.
Can you pick fruit from public trees?
Picking fruit from public areas is different to taking fruit from a neighbour’s tree. It is generally acceptable to pick a small amount of fruit, as long as you are not using the fruit for commercial purposes and do not damage the tree or wildlife habitats.
Under Section 4 (Property) of the Theft Act (1968), sub-section 3 it states:
A person who picks mushrooms growing wild on any land, or who picks flowers, fruit or foliage from a plant growing wild on any land, does not (although not in possession of the land) steal what he picks, unless he does it for reward or for sale or other commercial purpose.
A tree in a neighbours garden would not be deemed to be ‘growing wild’ but for example a blackberry bush growing wild on a public footpath would fall under the above.
If you forage fruit from public areas you should keep the following in mind:
– Only take a small amount of fruit. Don’t clear the tree, as others should be able to enjoy it and its a source of food for wildlife.
– Do not take the fruit if you are going to use it for commercial purposes.
– Don’t damage the tree or bush trying to get to the fruit.
– Don’t leave any rubbish behind.
– Don’t uproot entire plants, just pick the fruit.
– Don’t go onto private property as this would be trespass, stick to public footpaths.
If you intend to forage on land owned by the Woodland Trusts, you should check in foraging is permitted and if there are any particular items you can’t forage. You can check on the Woodland Trust website that you can access here.
Use your common sense when it comes to foraging. It is very unlikely that there will be any repercussions if you take an apple off a tree in your local park but check there are no signs prohibiting foraging.
Conclusion
In conclusion, while the idea of harvesting free fruit from a neighbour’s tree may seem tempting, it’s important to understand the legal implications of doing so. In many cases, picking fruit without the owner’s permission can be considered theft or trespassing, which can lead to legal consequences.
It’s important to communicate with your neighbour and obtain their permission before picking fruit from their tree. By respecting your neighbour’s property and rights, you can avoid potential legal issues and foster positive relationships with those in your community.
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