Page 12 - David Burr Rooftops Winter/Spring 2021/2022

Mark Heselden of Bates Wells & Braithwaite examines legal issues concerning fruit trees
The mixed weather this year seems to be creating ideal conditions for fruit like apples, pears, plums and cherries. If the blackberries
in our office carpark are anything to go by, we should be in for a bumper harvest. Time will tell but, at the risk of coming across as a spoilsport, the fruit from fruit trees can be a cause of problems with neighbours and on footpaths.
It is not uncommon for the branches of a fruit tree to overhang a boundary and for leaves and fruit from the tree to fall into a neighbour’s garden or on to a public highway.
If an overhanging branch is causing a problem it can be cut off, provided it is done without trespassing on to the neighbour’s property. If the tree has a Tree Preservation Order on it, or you are in a conservation area, then prior consent would be needed from the local authority.
You do not need permission from the owner as your actions are classified as ‘abating a nuisance’, however it is always best to discuss this with your neighbour to avoid damaging the trees, especially if the pruning is at the wrong time of the year. If you do cut the tree
back offer the cuttings to your neighbour but do not throw any branches or fruit back over the fence on to the owner’s land.
You cannot pick fruit from an overhanging branch without permission from the owner of the tree. To do so would constitute theft. Fallen leaves and windfall fruit still belong to the owner
personal injury claim arising from nuisance and/or negligence.
It is therefore advisable, if you have a fruit tree that overhangs a path, pavement or public footpath, that you clear away fruit to avoid it becoming trampled and creating a slip hazard. It is usually considered foreseeable that rotten fruit on a public highway would cause a slip hazard, particularly if it happens year on year. Most people will have public liability insurance on their building/home insurance which would cover such a claim, but the insurance company may put up the premium the following year.
If a tree overhangs a public highway, the local council or highway agency can serve a notice on the tree owner and require adequate clearance of the hedge or tree if it is encroaching on to the pavement or road. If the owner fails to have the work carried out this can be done by the authority who can then bill the owner.
It is always a pleasure to eat your own fruit from your own fruit trees but it is important to look after the trees properly and make sure the fruit does not create a problem for neighbours or anybody else outside your property.
. . . if the fruit has fallen on to a footpath or road
and creates a slippery mush, causing a pedestrian to slip and fall, there could be grounds to bring a personal injury claim . . .
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although in a public space or on common land it is, in most cases, okay to forage.
There is potentially a problem if the fruit falls into your garden and is left to rot. The owner of the fruit tree is not obliged to clear up fallen leaves or fruit. However, if the fruit has fallen on to a footpath or road and creates a slippery mush, causing a pedestrian to slip and fall, there could be grounds to bring a
Picking apples or picking
a fight?