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Spring Gardening: Are You Breaking The Law?

1 March 2023 by mylifeyourway Leave a Comment

These are six laws that you can be violating without realizing it.

Green-fingered aficionados will soon seek to have their gardens ready and blossoming for the warmer weather on the horizon since spring is just around the corner.

The number of times that people have searched for the keyword "Spring Flowers" during the last month has increased dramatically by a staggering 556%, but before you start raking leaves, planting plants, or cutting back branches that have grown excessively throughout the winter, you should read this first. Did you realize that engaging in such conduct can violate more than one law?

The following list, compiled by the faculty of legal specialists at BPP University Law School, contains six behaviours that might land you in legal problems as you get your garden ready for the spring season this year.

A backyard with a large willow tree, tall grass, and a wooden fence under a partly cloudy sky.

Photo by Brett Jordan on Unsplash

Theft of fruit

If you discover fruit in your garden that has fallen from a tree that belongs to your neighbour, you are free to keep it. This may seem unusual, but it is the truth. They are within their rights to request that it be returned to them.

In addition, removing the fruit in question and retaining it for one's use would be considered theft. The easiest way to prevent this is to bring back the fruit as soon as you discover it - and stay away from the common practice of just tossing it back into their garden. If you do this, it has the potential to be considered fly-tipping or littering with garden trash.

Trimming branches

It is possible that throughout the winter, the branches on your trees and shrubs grew too long while you ignored your garden, and now you may find that it is preventing the warm rays of the spring light from reaching your garden. Even though this could be annoying, you cannot just lop off a limb of a tree if it is not yours or if it is on someone else's property.

Despite this, you have the legal right to prune branches up to the edge of your property. This marks the boundary between your garden and the one belonging to your neighbour. It is usually best to inquire first to prevent potential conflicts.

Planting trees

If you spend more time in your yard now that the weather is getting warmer, it may be because you planted some new flowers. Thus it is only natural that you would want to make some adjustments to it, one of which may be planting some trees.

However, you will want to consider this more because of the Right to Light Act. You cannot restrict your neighbour’s access to natural light via a window or other opening for at least 20 years.

For this reason, it is usually a good idea to plant trees and shrubs so that they do not block the view from windows that do not belong to you. This will keep any uncertainty to a minimum.

Requiring your neighbours to clean up their fallen leaves

It is only natural that you would want your garden to be clean and organized if you have begun spending more time in it as you prepare it for spring if you have started spending more time in your garden. However, it would help if you took responsibility for it.

Oddly, your neighbours are not legally required to pick up any leaves that may have blown onto your garden from their trees throughout the winter.

Even if it is tempting to urge your neighbours to help sweep, it is essential to remember that the tree belongs to them. Purchasing a leaf blower and rake for personal use may be a sensible investment. Your garden will be able to keep its beautiful appearance in this manner.

Picking flowers from your neighbours’ gardens without permission

Some trees come outfitted with incredibly gorgeous blossoms, which, in the heat of the moment, you may feel the impulse to grab as your own since you do not want anybody else to have them.

Although the blossoms may have already fallen or have the potential to fall off the tree. Just as with fruit, your neighbours still have the legal right to request that you return them to them.

In this case, your best bet is to place your orders for early spring seeds, bulbs, gardening tools, and implements, then get to work planting.

Putting matters regarding land ownership into one's own hands

Ultimately, we have arrived at the topic likely to be responsible for separating more neighbours than anything else: property conflicts.

As we get closer to spring, you may find that increasing your time in your garden causes your mind to stray to other subjects. Questions such as, "Should my neighbour’s fence be so near to my house?" come to mind. Is it the actual location of the line that divides our properties?'

In most cases, the only way to clear up this uncertainty and end it for good is to contact HM Land Registry. This is because borders may shift over many years.

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