Under UK law, fruit from a neighbour's tree that falls into your garden still belongs to the tree owner. Picking it up and keeping it without permission is considered theft.
What the law says
Even if branches overhang your property, you have no legal right to the fruit they produce. The fruit remains the property of the tree owner. Your neighbour can legally enter your garden to retrieve fallen fruit, or you can collect it and offer it back.
Do not throw the fruit over the fence without asking. According to Hibberts Solicitors, this could be classed as fly-tipping, leading to fines and legal issues if the neighbour pursues a case.
Exceptions and nuisances
The only exception is fruit from trees on public land or common ground, where foraging is generally allowed.
If a neighbour refuses to collect rotting fruit that causes a health hazard or attracts pests, it may become a legal nuisance. Start by writing a polite request for them to clear it, keeping a copy as proof.
If the problem persists, contact your local Environmental Health department. Under the Environmental Protection Act 1990, the local authority can issue an Abatement Notice to the tree owner, and they could face hefty fines if the issue is severe.
