Homeowners are being warned they risk breaking the law by taking fruit that has come from a neighbour's tree. Tree survey experts say that even fruit that naturally falls to the ground in the garden still belongs to the neighbour and taking it could be considered theft.
As late summer sets in and autumn arrives, many fruit trees across the UK will be coming into their best and ready for picking, including varieties of apple, pear and plum trees. While some properties may not actually own a fruit tree themselves, they can find themselves in a position where fruit is falling into the garden or overhanging from a neighbour's tree.
But experts are warning households to not let the temptation of keeping the fruit get the better of them, as it's technically breaking the law. Overhanging fruit - whether it's been cut back to the boundary or fallen into the garden naturally - should be offered back to the tree owner, as taking fruit without permission can be classed as theft.
Dean Meadows from Arbtech said: "It might sound silly, but most people don't realise that eating a fallen apple from a neighbour's tree could actually be considered theft. In most cases, neighbours wouldn't mind at all, but it's always good to have a friendly chat to see if they are okay with it before taking any windfall for yourself.
"As for overhanging branches, you're well within your right to prune branches back to your property boundary, but remember that anything you cut - including fruit - should be offered back to your neighbour as well."
You are legally allowed to cut back branches that cross into your garden - provided the tree isn't subject to a tree preservation order - but only up to the boundary. The branches, including fruit, still belong to your neighbour and should be offered back.
Even if the fruit is hanging into your garden, the fruit itself still belongs to the tree's owner. Picking, eating, or keeping the fruit is not allowed without permission from the owner, and the practice is known as "scrumping". Taking fruit without permission is actionable under the Theft Act 1968, although the last reported case was in the late 1860s.
If fruit naturally drops into your garden from an overhanging branch, the same rules still apply - it still belongs to your neighbour and permission would need to be required to keep it. And don't return fruit by throwing it back into your neighbour's garden, as this could constitute garden waste fly tipping.