The facts of our case are not really relevant to how the neighbour should look after her tree but I still neeed to find an example of a court case which is similar to our situation. The site is, after all, called "Garden Law". I did not think that the site was intended for a cathartic exchange of problems but it should provide help and actually draw useful conclusions. Whilst the comments and chat lines are interesting, as yet, they have not been helpful. Do you, Despair, have a secret source of voluntary aid for garden work or do you not live in the real world.
The apples are a trifling annoying issue. They do not justify any major change of domicile just because the neighbour cant be bothered to look after her own tree and her own rubbish. It would be ludicrous for us to consider moving and paying the cost of moving, probably to a much less convenient situation, just because the neighbour has suddenly chosen to object to returned apples after more than a decde of acquiescence. In any event the physical effort in moving quite exceeds the effort of collecting and returning apples. We mange to put the apples back although that is still irritating to have to do. The apples should not be our problem!
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.