The tree belongs to the person upon whose land it was originally grown. This is the case even if its branches overhang a neighbouring property or fruit has fallen there. Keeping fruit or taking cuttings from overhanging branches is theft under the Theft Act 1968.
This has triggered further Court applications in the hope of persuading Judges to vary Consent Orders (Consent Orders are formal “contracts” agreed by the parties and approved by Court when a matter settles).
Recent case law shows that despite a change in circumstances, Courts are unwilling to alter the asset division agreed in Consent Orders.
In particular, leading economists all agree unemployment will continue to rise, notwithstanding any improvements in the economy. Consequently, the level and rate of home repossessions will continue albeit at a lower rate for some time to come.
They are an important tool in planning for older age or making sure that the financial affairs of an elderly or unwell loved one can be looked after more readily.
- Overhanging tree branches (Dispute Resolution)
- Impact of the recession on financial settlements during divorce (Family Law)
- How to guard yourself against property repossession (Residential Property)
- Preparations for a loss of mental capacity (Wills & Inheritance)
If you have any feedback on our newsletter, or would like to suggest topics for future articles, do let me know.
alison.neate@smithpartnership.co.uk