Those apples might look delicious, but think twice before helping yourself.
Key Points
- If you pick a piece of fruit without permission, it could be considered trespassing. Local laws vary when it comes to fruit that has fallen off the tree.
- If you happen to damage a tree while in the process of removing fruit, you might be liable for thousands of dollars in penalties—not counting the legal fees.
- All legal experts agree it’s best to have permission before touching someone else’s fruit tree.
Most of us know you can’t just walk onto someone’s property, pluck a ripe fig, and walk away with a sweet treat. But what if a branch hangs onto a public sidewalk? Or better yet, your property line? Turns out, the answer isn’t so simple when it comes to taking fruit from a neighbor’s tree. Ahead, our experts break down what’s legal, what’s murky, and how best to initiate a conversation with your neighbor to avoid confrontations down the road.
Meet Our Expert
- James R. Snell, Jr., founder of the Law Office of James R. Snell, Jr., LLC
- Seann Malloy, founder and managing partner at Malloy Law Offices
- Gayle Glazer, a mediator with Mediation Center of Los Angeles
- Meesha Moulton, attorney and founder of Meesha Moulton Law
- Alan Heimlich, president of Heimlich Law, PC.
Related: Can You Trim a Neighbor’s Hedge That Crosses Your Property Line?
Is It Legal to Pick Fruit from a Neighbor’s Tree?
Even though it may seem far-fetched, taking a single piece of fruit could result in a criminal arrest or court case if your neighbor wanted to pursue it, says attorney James R. Snell, Jr. “It does not matter if the fruit is in a planted, maintained garden or if it is just naturally growing on the property,” Snell explains. “It also does not matter how close the tree is to the property line, or if the neighbor picks their fruit or just lets it fall and rot. Fruit on your neighbor’s tree belongs to your neighbor, and you cannot enter their property or pick it without your neighbor’s permission.”
Seann Malloy, founder and managing partner at Malloy Law Offices, adds that he has seen backyard citrus brought to small claims court. “The owner of the tree owns the fruit, even if branches hang over to a public sidewalk or street,” Malloy says. “If you take that fruit without permission, it could be trespass or conversion.”
What Experts Recommend
From the vantage point of Gayle Glazer, a mediator who regularly resolves conflicts between Los Angeles neighbors, if neither you nor the neighbor is planning a move anytime soon, the safest bet is to keep things cordial. “Avoiding conflict between neighbors is essential,” Glazer says. “Misunderstandings and/or making assumptions fan the flames and can turn a spark into a conflagration between neighbors.”
Picking a single pear might seem minor and fairly harmless, warns attorney Meesha Moulton, but if your neighbor decides they want to pursue legal action, they do have that right. “This isn’t exactly an uncommon scenario, especially in regions where homes are built close together,” Moulton continues. “It’s really just best to get permission—especially with all of the at-home security cameras we all have nowadays.”
How to Make the Request
Way too often, a quick conversation with your neighbor can save months of headaches. “I’d suggest knocking on their door and informing them that fruit is falling into your yard,” says Alan Heimlich, president of Heimlich Law, PC. “Ask if they mind if you pick the fruit from the branches on your side. Frame it as doing them a favor. Nobody wants rotting figs attracting rats along their fence line.”…