What to do if your neighbour’s fruit tree attracts wasps
If your neighbour has a fruit tree and has neglected to pick up their dropped fruit, you may have noticed an increase in wasps attracted to your garden as the dropped fruit ferments and rots. So, I asked experts: Who is legally responsible for removing fallen fruit if it attracts wasps to a garden?
If your neighbour is not picking up their fruit tree windfall, it can feel very frustrating – especially if this dropped fruit is attracting pests. Because of this, it’s important to get clued up on the legal side of this dispute, so you can solve the issue and ideally maintain a good neighbourly relationship.
Whether your neighbour’s fruit is falling into your garden or theirs, this is what experts say you should do if their harvest is attracting wasps to your garden.
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Who is legally responsible for removing fallen fruit if it attracts wasps to a garden?
If the fruit tree is within the boundaries of your neighbour’s garden, the fruit that drops from it belongs to them. That remains true if the fruit drops into your garden. So, ultimately, if dropped fruit is attracting wasps to your garden, it is your neighbour’s responsibility to deal with it.
(Image credit: Future PLC/Polly Eltes)
‘The first thing to do is to talk to your neighbours and see if a sensible resolution can be agreed to reduce and/or stop the wasps becoming pests. If they have no appetite to do anything then you can take action to remove branches that are traversing the boundary, in order to reduce the amounts of wasps on your side,’ explains Jagdeep Sandher, partner and head of civil litigation at Blythe Liggins Solicitors.
‘Your neighbours do not technically need to do anything with any windfall on their side of the boundary unless their refusal is causing vermin to come into your garden, in which case it is possible this may be deemed a nuisance.’
When it comes to any garden feature that may cause a neighbour dispute, the most important thing you can do is open a conversation with your neighbour first. Politely ask if they mind removing the fruit to reduce the number of wasps. If they refuse, as Jagdeep says, you can remove the fruit and cut back overhanging plants on your side of the boundary. However, you must never cross your boundary or damage your neighbour’s tree.
(Image credit: Future PLC/Polly Eltes Photography)
‘You are perfectly within your rights to ask [your neighbour to remove fallen fruit] and to do so in writing. However, if your neighbour refuses, your legal options are limited unless the problem rises to the level of a statutory nuisance under the Environmental Protection Act 1990,’ adds Mosh Latifi, pest expert and co-owner of EcoCare Pest Management.
‘In the meantime, you can remove fruit that has fallen onto your side of the boundary yourself, place a wasp trap at the far end of your garden to draw wasps away from the problem area, and use deterrent sprays around play areas and patios while the situation is resolved.
‘If the wasp activity is severe enough to constitute a nuisance affecting your enjoyment of the property, your local council’s environmental health team may be able to advise, though their powers in this area are limited.’
Deter wasps from your garden
Super Ninja
Waspinator Twin Pack – Wasp Repellent for Outdoor Areas, Decoy False Wasp Nests
Wasps are terratorial, so hanging decor nests will make them think a colony has already claimed your garden and avoid.
Katcha
Katcha Reusable Poison Free Wasp Bagz – 6pk
Half fill with cider or fruit juice to create an effective wasp trap. Wasps won’t be able to resit the sweet smell and get trapped.
Marco Paul
Set of Two Wasp Trap and Insect Traps – Wasp Catcher, Bee Trap, Yellow Jacket Traps
Designed for indoor and outdoor use, these durable traps will capture both wasps and even fruit flies.
If fallen fruit is attracted wasps to your garden, the first step is to apporach your neighbour and ask them to remove it. When it comes to wasps, most will not want to encourage them to a garden.
