When you share a fence line with your neighbor next door, understanding property boundaries and your legal rights can easily get confusing. This often comes to light when painting shared fences, or even trimming your neighbor’s overhanging trees.
But if your neighbor has a fruit tree and its tasty harvest keeps dropping into your yard or over the fence, what should you do?
While it might seem fine to gather them for your own pie (finder’s keepers, no?), you’ll need to know the rules and legalities first. What’s more, who’s responsible for clearing up the mess in your yard?
To avoid a potential dispute, I asked the experts what the rules are when it comes to your neighbor's falling fruit in your yard. Is it ever okay to eat it, and how do you approach your neighbor about the ongoing issue?
So before you take a bite out of that tempting apple, here's everything you need to know.
Do I have the right to collect and eat fallen fruit?
If your neighbor’s fruit keeps falling in your yard, surely it belongs to you, right? Wrong.
According to legal experts, this isn’t entirely the case — and can even be considered ‘theft’. “The law about windfall fruit is clear-cut: fruit belongs to the person who owns the tree, not the person who owns the ground on which it lands,” states Stacy Kemp Ferrari, Founder & Managing Partner at Kemp Law Group.
So, what if their fruit trees are overhanging your property line? “It doesn't matter if their branches are hanging over your fence, as those branches are still their property and this includes any windfall fruit that may drop onto your lawn,” adds Ferrari.
“And you cannot eat them if you did not get any permission from the owner of the tree. Picking it up and eating it could be classed as conversion (a civil offense) and in some cases, even theft.”
With that said, dealing with a heavy crop of windfall apples on your lawn can be a nuisance. But should you return the fruit to your neighbor?
“It's a nice thing to do even if you're not required to return fallen fruit, plus it protects you from other issues later on,” suggests Edward Susolik, CEO & President of Callahan & Blaine, PC.
“In some places you are expected to bring trimmed branches that were hanging onto your property and any fruit they had back to your neighbor, so returning the fruit or at least telling your neighbor creates good faith and that matters if things get to the point of escalating.”
“Picking it up and eating it could be classed as conversion (a civil offense) and in some cases, even theft”
Stacy Kemp Ferrari, Founder at Kemp Law Gro
However, when fruit starts to rot and accumulate in large quantities, it can quickly invite unwanted pests such as rodents into your yard. Should this turn into a persistent problem, you’ll need to address the situation (calmly) with your neighbor regarding their fruit trees right away.
“Calmness and presenting the facts on the specific issue is the best way to go about it — then provide a written recap through a follow-up text or email that summarizes what was said,” advises Susolik.
How do I talk to my neighbor about this?
Speaking to your neighbor about uncomfortable subjects can be daunting, but it shouldn’t be. What’s more, it will save you the hassle of a potential neighborhood dispute in the long-run.
Experts agree there is nothing wrong with a quick knock on your neighbor’s door to ask permission to help yourselves to some of the fallen apples.
“This conversation could sound like, 'Hey, I love your apple tree. I'm not sure if you are aware but they are falling into my garden,” suggests Nikkita Torres, mediator and founder of Neutral Voice Mediation.
“How the conversation is started and how the neighbor is approached will directly reflect the outcome. This person is a part of your daily life because they live next to you. Your home should be a space that you come to and find peace and safety, not a war with your neighbor. “
So if you want to avoid any neighborhood wars, be sure to keep these rules in mind before picking up fallen fruit.
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