Know your gardening rights

A senior law lecturer at the University of East London has urged gardeners to review their gardening rights to ensure they aren't forced into an unexpected run-in with the law.

Writing for the Guardian, city barrister Alan Wilson warned that many gardeners were unaware that their roaming plants could in fact be accused of trespassing on another person's property.

The trespass rule covers circumstances such as if creepers or other plants are growing on the face of your wall, from roots in your neighbour's property. It would also apply if they were to dig a tunnel which runs underneath your property, or if they were to install a structure which leant over the boundary.

Also, if your tree has branches that overhang your neighbour's garden, the law allows them to cut them off, provided they do not go beyond the boundary line and they return the cut branches to you.

If, however, the tree happens to be subject to a preservation order, your neighbour would do well to leave the offending branches alone, since by revving up their chainsaws they could in fact be liable to the local authority for "causing damage to a protected tree".

Strangely, though you may cut off an offending branch, you may not benefit from any fruit hanging from it as the fruit is deemed to be the tree's owner's property.

© Adfero Ltd

Related Stories

Chocolate factory employees give back with gardening off-site

Are holidays a killer for your garden?

Suffolk gardener finds deadly tropical plant

Prune now and reap rewards later

Overgrown grassland to be transformed

Associated Topics

Overgrowth