Garden laws to avoid causing conflict with your neighbours

Before heading into the garden to do some summer pruning or harvesting, gardeners may want to check what laws they could be breaking.

Even the most innocent gardening tasks could be violating certain laws which could lead to a potential conflict with neighbours.

Tabitha Cumming, a property law expert from The Lease Extension Company, has shared exclusively with Express.co.uk which garden laws homeowners could be breaking when they’re gardening.

She said: “There are several laws that you could be breaking in your garden without actually being aware of it.”

1. Stealing fruit

Before picking up fruit that has fallen from a neighbour’s tree, gardeners may want to think twice.

READ MORE: Gardeners could be slapped with £20,000 fine for common garden improvements

Tabitha said picking up fruit that has fallen into your own garden from a neighbour’s tree could be classed as “stealing”.

She explained: “If you find fruit that has fallen from a tree on your neighbour’s property, they can legally ask for it back and it can be classed as stealing if you remove the fruit.

“The best thing you can do is to give any fruit back straight away, however, if you throw it back into their garden there is a chance it could be interpreted as fly-tipping or littering.

“This also applies to flowers and ‘windfallen’ fruit (fruit that has been blown into your garden by the wind).”

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2. Cutting branches 

While gardening, many people might find themselves cutting back a few branches hanging over a fence to make their borders look neater.

Although branches hanging over fences can be unsightly or block sunlight it can be considered as “breaking the law” if gardeners cut down branches on trees that do not belong to them.

Tabitha added: “However, you can cut branches up to your property line (where your garden ends and the neighbour’s land begins), but it is recommended to ask first to avoid any potential conflict.”

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3. Right to Light Act

Gardeners need to be cautious before they start planting trees in their gardens as it could impact your neighbour’s light.

Tabitha explained: “If you are planning on planting trees in your garden, you will need to carefully consider where you are going to place them. 

“According to the Right to Light Act, if your neighbour has had access to visible light via a window for at least 20 years or more, you are not allowed to block this.

“Try to plant things like trees and bushes away from windows that you do not own so there is no cause for conflict.”

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