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Can I collect fallen fruit from a neighbour’s overhanging tree? Full rules explained

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AUGUST marks the peak of harvest season and trees across the nation are beginning to bear fruit.

But while it may be tempting to pick your neighbour’s juicy produce, doing so could land you in serious legal trouble.

Picking your neighbour’s produce without their permission is against the law Credit: Peter Dazeley

In the UK, there are a whole host of laws protecting an individual’s property – and fruit trees are no exception.

Although your neighbour’s tree may overhang into your garden, you are not entitled to the legal right to pick and keep their produce – no matter how far their branches encroach onto your property.

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As the fruit remains the property of the tree owner, taking it without explicit permission can be considered theft.

It can even be the subject of civil action in court, amounting to a legal order of financial compensation or returning the stolen property.

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This law applies even where the fruit has been severed from the branch.

According to arboricultural consultants, Hellis Solutions, whether the fruit has “fallen from being ripe or been blown off by the wind, or severed by the act of man”, it still belongs to the tree owner.

In these cases, your neighbour has the right to enter your garden to retrieve their fallen fruit.

Alternatively, you are able to collect their produce and offer it back to your neighbour.

The only exception is if the fruit is growing on public land.

Under the Theft Act 1968, picking wild-growing fruit, flowers, foliage, or mushrooms for personal consumption is not considered stealing.

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