Surely you are not saying that he has a right to retrieve fruit that he has deliberately or negligently caused to fall into my garden by, for example, balancing it on my fence panels. If I were to repeatedly deposit my property on someone else's land, I'm sure a court would regard it as unreasonable to then try to claim a 'right' to retrieve that property as often as I like, to the continued inconvenience and detriment of the landowner.TO wrote: ↑Fri Nov 02, 2018 5:44 pmThe fruit belongs to the tree owner. This is the case if the fruits are attached to the tree, they have fallen by natural causes, or plucked off by the neighbour.
The fruit/tree owner can, at their convenience, and as often as they like, enter onto the neighbours property to get their fruit. However, in doing so they must not cause damage, or take longer than necessary.
The neighbour does not have to look after the fruit, nor do they have to do their gardening in accordance with the tree owners wishes.
What to do. Be civil. Offer back the fruit and leaves. If the owner wants them return them to the agreed place. If the owner doesn't want them, dispose of in an appropriate manner.
Fortunately, there's no way he can get into my garden without causing damage. There's no gate, and the trellis will not bear his weight.
Civility is entirely inappropriate and counterproductive when it comes to dealing with this particularly awkward neighbour. As I have already implied, he sees civility as an invitation to continue his long-standing programme of harassment. The only thing that has moderated it in the last 20 years has been my refusal to engage with him - and my CCTV.
I appreciate your post, TO. It has given me a very good idea which might just put a stop to this nonsense for good. Thanks.