falling apples from neighbour poses a danger to my partner

[trucker50]

My partner is severely sight limited and likes to stroll around the garden as she feels comfortable walking in a place she knows well, however, recently she has stood on and nearly fell or twisted her ankle on some apples that have fallen in the garden from next doors apple tree which overhangs in our garden. Am I right in thinking that because this poses a danger to health it is the neighbours responsibility to cut the branches and stop the apples falling into our garden? I have asked the neighbour twice but he doesn't seem bothered.

I'm not sure whether it is possible to legally force your neighbour to cut the branches back, but if it is currently posing a danger to your partner's health can't you cut them back?

I think it’s your responsibility to chop the branches back, not sure you can force them to. You certainly have the right to chop the branches back.

i am physically disabled and on benefits so I cannot afford somebody to do it or do it myself

You need to chop them back and give them back to the neighbour. You can't force the neighbour to chop them back

Legally you not your neighbour can cut all overhanging branches back to the boundary

Although it would be nice of him to do it, if he doesn’t you can

If the branches are on your side of the garden then you can cut them back, but you have to give the cuttings back to your neighbour.

If they’re not overhanging, then you need to pop into the garden daily and pick up the windfalls so your partner doesn’t have any trip hazards.

Well I'm not sure what you can do then. Maybe ask a friend?

I would ask the nicely, explaining the situation, to cut the branches back themselves. Strictly speaking their branches are trespassing on your property but to get them to cut them back you would have to go to court for an order and the court is likely to refuse it on the basis of wasting court time. You are just going to have to get someone to cut them back and return the branches to your neighbours.

Can you not ask a friend to help cut the branches?

I thought you could cut the branches if in your own garden, and could give the cuttings back to the neighbour to dispose of?

Not sure there's any legalities involved though, more neighbourly courtesy..

It is up to you to cut off any overhanging branches

I don't think you'd be able to make them cut it, if you can't afford it you could possibly try a local selling group and seeing if someone could do it there? If not maybe you could go and look for fallen fruit before she goes out if it's accessible?

Agree with everyone else you can have them cut back yourself but you have to give the branches back.

If your partner has an injury I don't believe there would be any recourse so while it's difficult you really should cut them back to prevent an accident.

You can cut branches back to the boundary and you have to offer the branches back to the neighbour but they don't have to accept them.

I don't see the branches are so much a problem, does your disability affect you actually picking up dropped apples too?

If it were me, and I may not feel like cutting back big branches I would go into the garden each day and pick up the windfalls. When they get a bit bigger and start dropping you can keep them and make a pie.

AFAIK if it is overhanging into your garden, you can cut it. Can you ask a friend or neighbour to cut it for you?

Can't you just strip all the apples that are on the overhanging branches?

I would think that picking up the apples or even stripping the tree are both quite difficult if you are disabled. Raking might be easier, depending on the disability. But obviously it would be easiest if the neighbour cut the tree back.

I don't think there's anything in law about dangerous foliage and fruit. There might be if the tree was unstable and the whole thing causing a safety risk, but I'm not sure.

When you say you're disabled is there anything you could do short term? raking the fallen apples maybe, or marking off the area with tape until the danger has passed?

Failing that are there any friends or charitable and church groups who offer a bit of a hand with tasks that others can't undertake for themselves? If there aren't could you possibly contact a youth group like Scouts or Brownies, do they still do tasks like caring jobs to go towards badges? although I'm not sure they'd be allowed to volunteer in some unknown adults' private space. You get my drift though. You could try asking on your Facebook local page?

thanks for all the replies, I was only wondering if I could force my neighbour to cut back the branches, although it takes my breath away I can and do pick the apples up but it does tire me out, I don't see why I or my partner should have to suffer ill effects because of somebody elses tree, but I guess its the world we live in, to be quite frank im pleased my time on this planet is nearly up as the future is not bright at all, there is no community spirit anymore, its im alright and you.
Once again thanks to everybody who replied

Try one of those grabby hand type things? I have one from Amazon I think. Can't recall the proper name for them....like the ones litter pickers use.

Although if I may gently say, I think you sound quite unduly upset by this, I hope you're both getting the support you need.

Sorry, missed the bit where you mentioned that you too have a disability.

Although if I may gently say, I think you sound quite unduly upset by this
I think that's a bit harsh! Things that are easily dealt with when you are well can seem insurmountable when you are ill or disabled. Everything is more difficult.

It is rubbish that they’re not being more helpful. Blimey even if it wasn’t my tree if a neighbour in such a situation was struggling I’d be sorting it out.

@trucker50 do try some of my suggestions because the world at large isn't as wholly uncaring as you're feel ing it is right now.

It's the nature of neighbours that some will be helpful and amicable and some won't be, but there are always people who will give a hand to others who are struggling.