A garden boundary can make a surprising difference when it comes to fruit trees, but the rules may not be what you think
The law is not as simple as many homeowners would assume(Image: Kathrin Ziegler)
Summer fruit can be one of the pleasures of having a garden, particularly when an apple, plum or pear tree is laden with produce. But if some of that fruit is hanging over the fence into a neighbour’s garden, it can raise a question about who is actually entitled to pick it.
The general rule is that fruit belongs to the person who owns the tree, even when the branches extend over a neighbouring property. Guidance published by Wealden District Council, for instance, states that a neighbour cannot simply claim fruit growing on branches overhanging their garden.
It means someone should never assume they can pick and keep apples, pears or other fruit simply because they are growing on their side of the boundary. The same principle applies if branches from your tree stretch across into their garden.
Fresh pears growing on a tree(Image: Getty Images)
There is, however, an important distinction when fruit has already fallen from the tree. Official guidance says fallen fruit is legally regarded as abandoned, meaning the person whose garden it falls into may keep it.
The position is also different when it comes to branches. GOV.UK says a property owner can generally trim branches or roots that cross into their land, but only as far as the property boundary.
However, this does not give a neighbour ownership of what they cut off. The government’s guidance on tree preservation orders states that cut branches, including any fruit attached to them, remain the property of the tree owner.
A neighbour also cannot simply enter your garden to carry out the work. For example, Monmouthshire County Council states that permission is needed to enter the tree owner’s land, while any overhanging growth can generally only be removed up to the legal boundary.
It’s completely different if the fruit has already fallen from the tree(Image: SOL STOCK LTD)
There can also be restrictions if the tree is protected. Citizens Advice says homeowners should check whether a Tree Preservation Order applies before cutting a tree, while GOV.UK warns that permission may also be required for trees in conservation areas.
If a disagreement develops, the advice is generally to speak to your neighbour before taking action. GOV.UK says a boundary agreement can also record who is responsible for maintaining a tree, hedge, wall or fence between properties.
So, if your neighbour spots tempting fruit hanging over their fence, they do not automatically have the right to pick it and keep it. If fruit falls naturally into their garden, however, the position is different, which could make it worth agreeing some simple ground rules before the harvest begins.