Unwanted produce from your neighbor's yard landed in your garden? Learn the reasons why you might want to resist the temptation to consume it.
In the heart of many gardens across the UK, a common question arises: can you eat the fruit that falls from your neighbour's tree into your garden? The answer, it seems, is a resounding no. According to legal expert Sarah Dodd, founder of Tree Law, consuming such fruit requires permission from the neighbour [2][4].
While neighbours may trim branches that extend into their property, they do not have the right to take fruit from another’s tree, even if branches or fruit extend over or land in their garden [3]. The fruit remains the property of the tree owner until they abandon it or otherwise transfer ownership, which typically does not happen merely because the fruit falls into your garden.
The act of eating a neighbour's fruit that has fallen into one's garden without permission can be considered conversion (a civil offence) and in some cases, theft [1]. It is, therefore, essential to seek permission first to avoid potential legal disputes.
If branches of a neighbour's tree are overhanging one's boundary, one has the legal right to cut them back to the boundary line, but not further [5]. However, it is advisable to seek arboricultural advice before cutting branches to avoid harming the tree and potential legal trouble.
So, what are the options for dealing with fallen fruit from a neighbour's tree? One option is to carefully cut back the branches to keep windfall out of one's space [6]. Another is to have a friendly conversation with the neighbour about keeping or disposing of the fruit [7]. Andrew Boast, director at SAM Conveyancing, suggests leaving the windfalls for the neighbour to collect or returning them to the neighbour if one does not want to leave them on one's property [8][9].
In some cases, leaving the fallen fruit on one's property can potentially attract pests, such as rats [10]. It is, therefore, not advisable to leave the fallen fruit on one's property if one does not want to attract pests.
For those looking to grow their own fruit, there are numerous options available. Thompson & Morgan offers a large selection of fruit trees for purchase, while Gardening Express offers a Dwarf Patio Pillar Fruit Trees Mini Orchard Collection [11][12]. Whether you're after a cherry tree, fig tree, plum tree, or more, there's a tree for every garden.
In summary, eating your neighbour's fallen fruit without permission is not legally allowed despite the fruit falling into your garden. Permission should be sought first to avoid potential legal disputes. If you find yourself with fallen fruit from a neighbour's tree, consider cutting back the branches, having a conversation with your neighbour, or returning the fruit to them.
If you desire a home-and-garden setup with your own fruit trees, places like Thompson & Morgan and Gardening Express offer a wide variety to choose from, such as cherry, fig, plum trees, and more [11][12]. To avoid potential legal disputes and maintain a good lifestyle, it is advisable to seek permission before eating or collecting fallen fruit from a neighbour's tree, even if it lands in your garden [8][9].