November 4, 2011
Whilst out walking, have you ever been tempted to lean over a neighbourhood fence and quickly take a couple of flowers? Are you committing an offence by doing so?
The legal position is that all plants and trees belong to the owner of the property. If the plants and trees are on a common pathway, they are on Council land. Therefore, the bottom line is that unless the property is owned by you, it is against the law to remove anything from the property unless you have permission from the owner. However, if part of a plant or tree in your neighbour’s property overhangs into your property, you have the right to remove the overhanging part. The cost of having it removed is to be met by you, unless your neighbour agrees to pay for the removal.
And I can almost hear you ask, “But what about mushrooms on the nature strip?” even for mushrooms, the same rule applies! To be on the right side of the law you will need to contact the local Council and ask for permission to pick them.
« Back to news