| Appeal from
Maidstone County Court. The defendant picked some apples from the branches of his
neighbours tree that overhung his garden and sold them. It was held that the neighbour had
a right to cut overhanging branches but he had no rights of ownership on the cut branches
or apples growing on them. The county court judge gave judgement to the tree owner. The
defendant was entitled to remove the branches but could not use the removed branches (or
fruit) for his own use.
The defendant appealed but this was dismissed.
During the appeal it was also cited that fruit remains the property of the tree owner
whether carried by overhanging branches or whether blown off by the wind. |