Grande Rivière Breadfruit Bacchanal — Part 2: A Fence, a Ladder and a Big Neighbour Dispute

TRINIDAD AND TOBAGO | THE Grande Rivière BREADFRUIT CHRONICLES | PART TWO OF FOUR

A Fence, a Ladder and a Big Neighbour Dispute

Miss Jasmine emerged with a basin. Miss Irene appeared with a ladder. Every dog on the road knew that Grande Rivière was about to have some excitement.

'Those breadfruit hanging over MY yard, so they is mine!' Jasmine announced. 'Eh-eh!' Irene shouted. 'The tree grow from MY land. Who tell you you could pick my fruit?'

By now one neighbour was offering an opinion through the fence; another was asking whether the breadfruit would be roasted or fried. Cindy's pepper sauce had become a point of discussion even before anybody had legally settled whose fruit it was.

The two women nearly forgot they had been neighbours for years. Then came the threat: 'I taking you to court over them breadfruit!' The entire road went quiet for about three seconds.

The legal question is not answered by where the fruit hangs

Under common-law principles familiar in England, fruit from a tree ordinarily belongs to the tree owner even when a branch hangs over a neighbour's land; English guidance from the Royal Horticultural Society expressly warns against picking or keeping overhanging fruit without consent. That English guidance is not itself a Trinidad and Tobago statute or a court decision.

In Trinidad and Tobago, a proper assessment would consider the common law received and applied locally, ownership of the tree, the correct boundary, whether permission was given and whether any local legal provision changes the result. It would be unwise to tell either neighbour that location alone automatically settles ownership.

There may also be a separate issue of nuisance if branches seriously interfere with the neighbour's use of land. But entering another yard, damaging a tree or taking fruit without permission can create further legal difficulties rather than resolve the first one.

What we should all learn

If a tree grows over a fence, first identify the boundary, speak to the owner and seek agreement. Do not rely on the most confident person shouting from the road.

COMING IN PART THREE: One lawyer, two neighbours, three opinions and a very large breadfruit.

Legal reading: Trinidad and Tobago Legal Aid and Advisory Authority, https://laaa.org.tt/news-and-events/152-comprehending-the-law-on-private-nuisance ; Royal Horticultural Society guidance on English law, https://www.rhs.org.uk/plants/types/trees/the-law

Fictional characters and dialogue, provided for general legal education.