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Jennifer McM

Fruit hanging into Towpath - who 'owns' the goodies?

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A couple of years ago, in or about the 2nd week of September we moored practically next to a damson tree at the end of someone's huge garden, that was full of fruit. The fruits were dropping onto the towpath and were getting ruined. We gathered what was left on the tree (hanging over the towpath side) and I made loads of damson jam, the last pot being finished just a couple of months ago. 

 

We're now back at the same spot, and a couple of weeks maybe too early for ripened damsons. The tree is once again full of fruit, but none has fallen as there're still tart, and not fully ripened yet. We'll be on our way again tomorrow and can't hang around.

 

Looking on the internet, I see it's possible to put the unripened fruit into a paper bag with a ripe banana, and they'll soon ripen. I don't have a ripe banana, so I'll pop a couple of red tomatoes in the bag and hope for the same 'chemical reaction'.

 

But ethically..... are we OK to 'steel' the fruit from the branches over hanging the towpath?  Owner of the tree is not around to ask.

 

 

 

 

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3 minutes ago, Jennifer McM said:

A couple of years ago, in or about the 2nd week of September we moored practically next to a damson tree at the end of someone's huge garden, that was full of fruit. The fruits were dropping onto the towpath and were getting ruined. We gathered what was left on the tree (hanging over the towpath side) and I made loads of damson jam, the last pot being finished just a couple of months ago. 

 

We're now back at the same spot, and a couple of weeks maybe too early for ripened damsons. The tree is once again full of fruit, but none has fallen as there're still tart, and not fully ripened yet. We'll be on our way again tomorrow and can't hang around.

 

Looking on the internet, I see it's possible to put the unripened fruit into a paper bag with a ripe banana, and they'll soon ripen. I don't have a ripe banana, so I'll pop a couple of red tomatoes in the bag and hope for the same 'chemical reaction'.

 

But ethically..... are we OK to 'steel' the fruit from the branches over hanging the towpath?  Owner of the tree is not around to ask.

 

 

 

 

Legally it all belongs to the tree owner but it really comes down to do they care, without the owners being around you have no way of knowing.

 

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there is apple tree reaching over the pavement just uphill from my drive entrance which is at the low point.   Today outside my entrance there is at least a barrow-full of yellow apples residing in the gutter, blocking the drain and ready to roll down my drive if we get a sudden outburst.

 

in the back garden there is a stream; just upstream from us is a huge apple tree that is never picked, sitting in the middle of what becomes a pond every time we get heavy rain.  Any day now I expect hundreds of kg of apples to be washed down the stream, past our garden and then get lodged in a screen placed where the stream goes underground under a block of flats, leaving the caretaker the unenviable job of removing and disposing of the crop.

 

the owners of the trees should have a legal responsibility to harvest/remove their crops.

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28 minutes ago, Murflynn said:

there is apple tree reaching over the pavement just uphill from my drive entrance which is at the low point.   Today outside my entrance there is at least a barrow-full of yellow apples residing in the gutter, blocking the drain and ready to roll down my drive if we get a sudden outburst.

 

in the back garden there is a stream; just upstream from us is a huge apple tree that is never picked, sitting in the middle of what becomes a pond every time we get heavy rain.  Any day now I expect hundreds of kg of apples to be washed down the stream, past our garden and then get lodged in a screen placed where the stream goes underground under a block of flats, leaving the caretaker the unenviable job of removing and disposing of the crop.

 

the owners of the trees should have a legal responsibility to harvest/remove their crops.

So we'll be doing the owner a big favour then 😊

 

There is 'abundance' in the world, just need to know where it is. 

 

Know what you mean about the 'nuisance' of neglected trees and plants though.

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I went past an abandoned orchard a year or two back. Great pickings. There's a plum tree somewhere on the towpath on the Shroppie, too... 

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In the past we have picked damsons, sloes, brambles and crab apples at the side of the canal. If there was anyone to ask I would!

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Fruit hanging into Towpath - who 'owns' the goodies?

 

I do! They're all mine I tell you.

Give me exact location and I'll go and remove them asap.

 

Just for information, I also have a massive collection of seashells, you may have seen some of them, I keep them scattered on beaches all around the world.

Don't pick them up.

My Father started this obsession in me when I inherited his hoard of Anglo Saxon bladeless knives with no handles.  I go every year to The British Museum where you can't see them.

Edited by zenataomm
Realised I'd sworn and thought *%@t
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1 minute ago, Mike the Boilerman said:

There are plum trees all over the place on the off side....

 

 

 

Funny that isn't it 😏 

 

Saw a heavily laden pear tree ont'tutherside yesterday on what looked like an abandoned allotment site. 

 

The biggest, juiciest, and sweetest are always just out of reach 😭

 

 

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1 minute ago, Jennifer McM said:

The biggest, juiciest, and sweetest are always just out of reach 😭

I thought the fox concluded those were probably sour grapes anyway!

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it always amazes me that at the end of the school holidays the brambles are covered in fruit, but the little darlings can never be seen collecting blackberries and then taking them home to mum or selling them to the neighbours.  It's what I used to do.

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36 minutes ago, Jennifer McM said:

Funny that isn't it 😏 

 

Saw a heavily laden pear tree ont'tutherside yesterday on what looked like an abandoned allotment site. 

 

The biggest, juiciest, and sweetest are always just out of reach 😭

 

 

What do you think the boat-hook is for?

 

Bod

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1 hour ago, Jennifer McM said:

 

The biggest, juiciest, and sweetest are always just out of reach 😭

 

 

 

I found it cheaper to buy fruit from the supermarket than get the boat repainted! 😁

Edited by cuthound
Spillung
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7 hours ago, Murflynn said:

it always amazes me that at the end of the school holidays the brambles are covered in fruit, but the little darlings can never be seen collecting blackberries and then taking them home to mum or selling them to the neighbours.  It's what I used to do.

Mum wouldn't know what to do with them if they are not in plastic

Nice plums, Damsons and blackberrys on the W&B at some of the locks on the offside

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I'd hazard a guess that the overhanging fruit still belongs to the owner of the property the tree is in, in line with the idea that you can cut overhanging foliage providing the cuttings go back into the property from whence they came. To take the fruit without permission is likely to be... taking the fruit without permission! This may of course be utter tosh. :)

 

So, the question is this: who is gonna find themselves in a jam - you or the damsons?

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7 minutes ago, Sea Dog said:

I'd hazard a guess that the overhanging fruit still belongs to the owner of the property the tree is in, in line with the idea that you can cut overhanging foliage providing the cuttings go back into the property from whence they came. To take the fruit without permission is likely to be... taking the fruit without permission! This may of course be utter tosh. :)

 

So, the question is this: who is gonna find themselves in a jam - you or the damsons?

Strictly speaking, you can only cut to the boundary and no further plus  you offer any branches cut off the tree to the owner, if they refuse it is up to you to dispose of in an appropriate manner, this applies to fruit as well.

 

You are right about taking the fruit without permission though :)

 

 

 

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My understanding of common law (I'm no expert but I read this in a library book once) is that tree monkey is right, with the amendment that only the landowner (CRT on most canal towpaths or where a tree overhangs their land that has canal or river water on top of it) can do (or may authorise someone to do) that cutting back to the boundary. But of course in practice, nearly always no-one cares. Also, digressing somewhat, on common land (which won't include towpaths) I think you can take fruit without asking if it's for personal not commercial use and you don't harm the tree.

If fruit has already fallen off a tree naturally onto adjoining land, does that still belong to the tree owner? I suspect it then belongs to the land's owner? If so, in theory you need CRT's permission instead to pick it up off the towpath; it would amaze me if they care!

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On ‎26‎/‎08‎/‎2019 at 14:59, Murflynn said:

it always amazes me that at the end of the school holidays the brambles are covered in fruit, but the little darlings can never be seen collecting blackberries and then taking them home to mum or selling them to the neighbours.  It's what I used to do.

The fruit juice plays havoc with their I phone screens.

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Made some bramble and apple jam yesterday.  Both from the towpath. Do I have to inform CRT? Thing is, they were not only from different canals, but from different regions.  Oh dear, this is going to be complicated......

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you have to share it with those nice people who answer the phone in the CRT office.

 

...........................  or send it to me, then I won't tell where you got the berries.   Send me a p.m. so I can give you delivery instructions.

Edited by Murflynn

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6 minutes ago, Stilllearning said:

I think that branches and fruit hanging over from the neighbouring garden are available to you, but I may be wrong. I was once :)

 

Twice :)

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