Real Estate Dispute Resolution Partner Lara Nyman answers a question of whether a reader can stop their neighbour from picking fruit from their tree. The tree overhangs the boundary fence separating the reader’s garden from their neighbour’s, and they’ve noticed the tree is almost completely empty of fruit.
Lara explains the reader’s options, “flowers and fruits on overhanging branches belong to you and should be returned to you (or disposed of with your agreement). As such, your neighbour cannot pick fruit without your permission even if the branches overhang, nor can he collect any windfall fruit in his garden: it belongs to you.”
You can read more of Lara’s response in the full article online here (£).