Can One Lawfully Gather Fruit Dangling from a Border Fence in California?
In California, homeowners might question the legality of picking fruit from a neighor's tree that overhangs their property. Contrary to popular belief, such an act may, in fact, be unlawful.
The California Civil Code Section 833 states that the ownership of trees lies with the individual on whose land the trunk is growing. This extends to every part of the tree, including its fruit, which means that, technically, picking your neighbor's fruit can be interpreted as theft.
This law has been in place since 1872, predating the abundance of fruit trees in modern California neighborhoods.
While it is doubtful that anyone would pursue legal action over a few stolen lemons or oranges, disputes between neighbors can escalate. Therefore, it is essential to understand the law when it comes to neighboring trees and their associated fruit.
In practice, it is common for neighbors to share the fruits of their labor, especially if the branches extend onto each other's properties. In such cases, a simple conversation about permission to pick the encroaching fruit can help avoid any potential misunderstandings or legal issues.
It is also important to remember that any damage caused while removing the encroaching branches or fruit will be the responsibility of the person performing the action.
The most straightforward solution remains open dialogue with your neighbor. In many cases, your neighbor may appreciate your help in harvesting the fruit, particularly if they have a surplus.
As a gesture of goodwill, offering a refreshing glass of lemonade made from the freshly picked fruit can go a long way in fostering a friendly neighborhood relationship.
While California law technically considers your neighbor to be the rightful owner of the fruit growing on their tree, a quick chat about sharing the fruits of each other's labor can help maintain a harmonious and productive neighborhood.
- The California Civil Code Section 833 makes it clear that the ownership of a tree, including its fruit, belongs to the homeowner on whose land the trunk is growing, potentially labeling the act of picking neighbor's fruit as theft.
- In a neighborhood abundant with fruit trees, it is crucial to understand the legal implications regarding neighboring trees and their fruit, especially since any damage caused while removing encroaching branches or fruit will be the responsibility of the person performing the action.
