If I let them fall, the slugs and snails will enjoy a feast. It's hard to say, depending on the laws in your state/country. A fruit thief caught in the act has sparked outrage, but there are ways to forage legally. Others complained about mothers who claimed their children were 'foraging' and, and then there was the dreaded postal worker: "My mail carrier has also helped themselves to lemons. Visit BBC News for up-to-the-minute news, breaking news, video, audio and feature stories. 3 years ago. At the same time, fruit can become a neighborhood temptation. in the first place the neighbor's tree should not be encroaching on your property, so if you don't mind it hanging over your fence, you can by all means pick the fruits. Obviously, one would prefer to maintain a good relationship with their neighbor however, one must also do what one must to … And, with tomatoes, figs and other foods springing to life right now in Bay Area people's yards, Davis' post is especially germane both for those who grow and those of us tempted by all the items ripening in yards we pass every day. As someone who has watched people picking away at the lemon bush out front of our residence, I confess I have NEVER gone outside and thanked them for doing me a favor. "I thought it may be the property owner but after I took a picture of them they sped off across the street and kept running. I'm in Orange County, California. "I thought it may be the property owner but after I took a picture of them … Masks aren't going anywhere even if you get the COVID... Fauci urges calm as mutated UK COVID-19 strain found in Calif. Humboldt officials upset over move to less restrictive tier, Newsom announces $2B plan to encourage districts to open schools, Dangerous 20-foot-high sneaker waves forecast for Bay Area coast. You may not reach over someone's property line to pick or take. "People around here feel like they can help themselves to fruit from trees whether they are hanging over the property line or not. She, the three-year-old and I gorge together in sticky abandon. The divisiveness became clear recently after Nextdoor member Jay Davis wrote about a fruit poacher he came upon one night while walking near his home in Berkeley. Summer fruits have to be among life's greatest sensual pleasures. Children, in particular, might feel no hesitation about picking fruit and eating it, regardless of who owns the tree. THE GRAPES OVER THE FENCE. All in all, it appeared that the source for this discussion, a man sneaking around on a stepstool with a headlamp under cover of darkness, was generally not within most people's idea of acceptable fruit poaching. They are in danger of falling on my head if I don’t. One year I caught two men stripping my tree. ... Is it Legal to Trim a Tree Hanging Over the Fence? But they look a bit perplexed when I start reciting Andrew Marvell's The Garden: "The nectarine and curious peach/ Into my hands themselves do reach./ Stumbling on melons as I pass/ Ensnared with flowers, I fall on grass." In the event that one neighbor does trim limbs that hang over her property line and, as a result, causes significant damage to the tree's health, the tree-owning neighbor may sue for damages. Every year some people feel as if they can walk up more than a dozen steps into my yard and pick persimmons off my tree. While he may have thought he was offering a security-oriented alert to his neighbors, Davis was instead setting off a sometimes off-the-rails debate over the rights and wrongs of helping yourself to what your neighbor has grown. Natural products: While it is tempting to pick the fruit from branches hanging over your property, you might consider asking your neighbor first, as that fruit still belongs to them. It is so tempting to strip it and scuttle back towards the kitchen with my prize, but would plundered fruit turn to ashes in the mouth. After Davis posted the photo and description of what he saw, a rousing debate broke out over whether it is OK or not to poach fruit grown by others. In ours, the neighbour's tree is heavy with apples just perfect for eating, stewing or puddings – an artistically laden bough hangs down over the fence towards us. (Supplied: Belinda Hooper) I take the fruit off the branches over my fence. When Your Fence Encroaches a Neighbor's Property Finding out that your property line was improperly drawn and you're partially occupying or encroaching on your neighbor's land is a scary experience. Many fruit trees are ornamental as well, adding beauty to a back or side yard. While also legally wrong, it violates a sense of common decency, according to fruit tree owners who have taken to the Internet to complain. This fairly moderate statement was just the beginning in a thread of over 100 responses that included references to Les Miserables, Epicurus, housing prices, racism and countries where you can get decapitated for stealing fruit from a yard. So, for some the line of what is okay clearly does not end where the sidewalk meets the yard. Otherwise we fruit-pickers don't know if we're doing someone a favor or stealing.". If I let them fall, the slugs and snails will enjoy a feast. If the tree trunk is not on the boundary, … A fruit thief with kneepads and headlamp was spotted by Next Door user Jay Davis in Berkeley. Also unsurprising is that people in the Bay Area have very divided opinions on when it is OK to take fruit that is grown in a neighbor's yard. Fruit that’s still on your neighbor’s tree belongs to your neighbor, even if the branch it’s attached to is hanging over your property. They own it 100%. Can I pick and keep the fruit from overhanging branches? But one group definitely NOT supportive of the fruit-poachers were those who actually see their trees picked bare. It's against the law for their tree to be hanging over your fence. Natural products: While it is tempting to pick the fruit from branches hanging over your property, you might consider asking your neighbor first, as that fruit still belongs to them. The following are general rules regarding overhanging tree branches. The tree belongs to the person in whose garden it grows. But they look a bit perplexed when I start reciting Andrew Marvell's The Garden: "The nectarine and curious peach/ Into my hands themselves do reach./ Stumbling on melons as I pass/ Ensnared with flowers, I fall on grass." For starters, he said it's okay to pick as long as the fruit is in public space. Davis wrote: "While taking a walk with my partner late last night I noticed a suspicious individual wearing knee pads, carrying a long stick and carrying a head lamp. If your tree produces fruit, the neighbor has no right to pick the fruit, but he can collect and keep any that falls into his yard. And one of the joys of having a young baby in the house is poking delicious little slivers of whatever is ripe into her mobile, responsive mouth, then watching her squirm and kick with pleasure. If the fruit is hanging over the fence into your property, you have the right to pick it. If you want to be nasty, you can very well ask them to trim the branch off. Hi r3jcorp, it's true that according law of the land, we have the right to pluck our neighbor's fruits hanging on the branches growing over our fence. Must I wait for it to drop of its own accord? Tonight a man who doesn't live here started to picked fruits off my tree that hung over the fence into the lawn of the apartment, not the sidewalk. The fruit of the tree belongs to the owner of the tree, so don't pick any of the fruit. Here’s the deal, the fruit of a tree belongs to the owner of the property where the tree stands, regardless of which side of the fence the branch with the fruit is hanging over. David Curran is a homepage editor at SFGate.com. Sue seems to always have more apples than she can eat, and Janet would like to pick the apples that hang from the branches of Sue’s tree over Janet’s yard to share with her neighbors. You usually have the right to trim branches that overhang your fence, but the work should be undertaken with attention to your obligations, and the effect of your actions on the tree. Draymond Green, trade bait? Posted November 13, 2017 12:58:12 If the fruit is hanging over the fence into your property, you have the right to pick it. How about people who feel they are actually performing a service by relieving some urban grower of the burden of their bounty? I read that if the fruits hang over to the sidewalk then it's legal for people to pick it. In Marvell's garden, ripe apples drop about his head, or so the poet claims. If you have a neighbour’s tree hanging over your land, you can: exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. When the side closest to the walk was bare she would have to walk deeper into the yard--farther from the mailbox--where I happened to find her more than once with pockets bulging with lemons.". I just want to hang things on. In this case, you may have questions about your rights regarding the portion of the tree that is on your property. ummer fruits have to be among life's greatest sensual pleasures. Windfall fruit still belongs to the owner. Donald Trump House Hunts in a Surprising Place—Which Home Will He Pick? In Marvell's garden, ripe apples drop about his head, or so the poet claims. It is so tempting to strip it and scuttle back towards the kitchen with my prize, but would plundered fruit turn to ashes in the mouth? And to act as a counterpoint to them is the person who says very simply: "Geez does anyone know the difference between right and wrong? It's not unusual for older neighborhoods in Hawaii to have encroachment issues because land surveys were less accurate a few decades ago. My neighbor asks us to pick them but we don't for the rambutan harvested from our own trees are more juicy and delicious. you may trim the tree, etc. "My wife raised an interesting monetary question this afternoon," Mr. Adler said. When it comes to fallen fruit, you own whatever falls into your yard, a principle that holds true for any natural product, including fallen leaves. If the tree rests on private property but the fruit hangs over into public land, residents can legally pick it. Can I collect windfalls from a neighbour’s tree that overhangs my garden? in the experience that your neighbor's fruit tree hangs over into your backyard, any fruit you may attain on your area of the fence is yours. If only it were so simple. Fruit trees that grow on public land are open to the public. That doesn't mean that picking fruit off a tree is never OK. Fruit that is on your property or on public property may be legally ripe for the pickin'. They were climbing over someone's fence and poaching fruit from their tree. There are some juicy apples on the branch of a neighbour’s tree, which overhangs my garden. You may pick the fruit, prune the branches, etc. It is wrong to pick fruit off someone else's tree period. If the tree is historical or an ornamental tree, the settlement can be even higher. The fruit of a fruit tree belongs to the tree. No. Unsurprisingly, people do help themselves. It can be hard to protect fruit trees from pickers who are not courteous and who trespass on private property to get at fruit. In ours, the neighbour's tree is heavy with apples just perfect for eating, stewing or puddings – … Do you even have a sign asking people not to pick the fruit, or reminding people that the tree is your tree and not a municipal planting to beautify the public trail? A few branches of Sue’s apple tree extend over the fence and hang above the yard of Sue’s neighbor, Janet. Would I be in the right if I picked them? Southern California's KPCC radio reports that it's probably OK to pick fruit as long as it's growing in a public … The official rule is: hanging over the property line onto the street/sidewalk/your property, it's all good to pick and take. And before I do that I would like to know what rights I have. In ours, the neighbour's tree is heavy with apples just perfect for eating, stewing or puddings – an artistically laden bough hangs down over the fence towards us. But children aren't the only ones who view fruit … Tom Brady's move to Tampa Bay could have looked desperate. Dr. Anthony Fauci told California Gov. Let us know. Could be a claim on your public liability because the branch from your tree is hanging over their fence giving tne child access. "I think if the tree's location is ambiguous (not clearly within a yard) the owner should put out a sign if s/he doesn't want "poachers" taking fruit. Instead it... Insane police chase outside Orinda is basically Grand Theft Auto, The Newsom recall campaign just got a big cash infusion, U.S. officials warn of potential Iran-linked attack, 'I heard a dog crying': Bay Area officer filmed punching his K-9. 443. BBC News provides trusted World and UK news as well as local and regional perspectives. A surprising number of Bay Area people grow fruits and vegetables in their front yard where any passerby can easily help themselves. The branches of a neighbor’s tree may hang over onto your property. ... even when it is hanging over a fence above a public footpath. It is perfectly fine. So what about fruits that hang over my property or fruits that have fallen on my yard, can I eat them? take fruit and nuts from the branches of trees and shrubs overhanging public land from plants growing on private land ... such as fruit hanging over a fence … Dear can I pick the fruit: You are not entitled to the low hanging fruit. No, not without permission from the owner. This is the best J.Crew sale since it exited bankruptcy, Your guide to purchasing KN95 and NIOSH-approved N95 masks. People have the right to pick this fruit, regardless of whether the tree belongs to them or not. But then what is? In Marvell's garden, ripe apples drop about his head, or so the poet claims. And one of the joys of having a young baby in the house is poking delicious little slivers of whatever is ripe into her mobile, responsive mouth, then watching her squirm and kick with pleasure. Also, Can you please provide the code chapter of Washington State Law. East Bay debate: When is it OK to pick your neighbor's produce? A branch of my neigbour's tree hangs artfully over my fence, laden with tempting bounty. Gavin Newsom to expect more cases of the mutant strain... What some welcomed as good news is not being received as such by Humboldt County health... School districts will receive additional funding if they agree to a firm timetable for... With the current conditions, the National Weather Service notes waves could seemingly appear... U.S. Census Bureau: Hawaii's population continued to decline, Here's the only Hilaria Baldwin explainer you should read. Picking fruit over a fence. Mr. Adler accompanied Rabbi Dayan. When do you think it is OK to take another person's front yard fruit? But I live in an apartment complex, not a house. NBA reporter says it's very possible. "I believe once a fruit branch extends over your fence or over the sidewalk, the fruit on that branch is available to the public," was one early response to Davis' post. Local tech CEO is sick of companies leaving the Bay Area, Popular NorCal casino defends upcoming 6,000-person indoor party, California lockdowns extended as some hospitals limit care. My neighbour put a new fence, I "didn't" pay and "didn't" help to build the fence. Probably had 60 pounds of fruit in boxes and would have taken more.". Courts are divided on who can have fallen fruit, however, so check your local laws to see if you can eat any fruit that falls off the tree. So don’t pick any of the fruits that hang over your property. "Just putting the community on alert, and if you have a tree in season, to be cautious.". She, the three-year-old and I gorge together in sticky abandon. If my neighbor's leaves keep blowing into my yard, do I … No, not without their permission. They were climbing over someone's fence and poaching fruit from their tree. Courts may issue a settlement for up to three times the value of the tree. 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