According to a barrister, fruit from a neighbour's tree that overhangs your property still legally belongs to the tree's owner, so you cannot keep it without permission. This applies even to fruit that has fallen onto your land.
Ownership and Permission
John Price, a barrister at Shensmith, explains that fruit from overhanging branches remains the property of the tree's owner. You must offer the fruit back to the owner before you can keep it for yourself. This rule also covers 'windfall' fruit that has fallen from overhanging branches onto your property.
When Problems Arise
If the tree produces fruit, seeds, leaves, or other material causing damage or interference, the owner should be consulted, as they may be responsible for an actionable nuisance. The best first step is to approach your neighbour directly to discuss the issue.
Mr Price advises that establishing cooperative communication can help avoid the costs and stress of litigation, as well as preventing neighbourly disputes from escalating.
