Following a series of heatwaves across the UK, the legalities surrounding the picking of fruit from neighbours' trees have been brought into sharper focus. It remains the case that picking berries or fruit without permission can result in a fixed penalty notice, with fines typically ranging between £100 and £300, according to legal advisors.
Dean Meadows of Arbtech highlighted a common misconception: “It might sound trivial, but many people are unaware that eating a fallen apple from a neighbour’s tree could legally amount to theft.”
In most situations, neighbours are understanding; however, Meadows recommends engaging in a polite conversation beforehand to ensure consent for any windfall gathered.
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Regarding overhanging tree branches, property owners have the right to prune branches back to their boundary line. Nonetheless, any cuttings-including fruit-should be returned to the neighbour as a courtesy.
Legally, fruit from overhanging branches remains the property of the tree owner. Therefore, keeping fruit without authorisation-even if it has fallen naturally on your side-is considered theft under UK law.
An important exception applies to public spaces or common land where fruit foraging is generally permitted.
If fruit falls into your garden, the simplest and most neighbourly approach is to either allow the tree owner to collect it or gather the fruit and offer it back. Repeatedly throwing the fruit back over the fence without agreement, however, could be classified as fly-tipping. Hibberts Solicitors have warned this action may lead to fines and further legal complications if pursued by the neighbour.
In cases where dropped fruit remains uncollected and begins to rot, posing a slip hazard or attracting pests, it can constitute a ‘legal nuisance.’ Under the Environmental Protection Act 1990, local authorities may issue an Abatement Notice to the tree owner if the situation encourages vermin or produces offensive odours.