The branches of a neighbor’s tree may hang over onto your property. The fruit of a fruit tree belongs to the tree. Under most circumstances, the fruit that grows on a tree belongs to the owner of the tree. Tess Vigeland gives public fruit picking a try for the first time --- and feels good about it. The Law. Lemon tree branches hang over an alley in Silver Lake. Robert Frost, in his poem “The Mending Wall,” questions the truth of his neighbor’s assertion that “good fences make good neighbors.” There, Frost ponders that “Something there is that doesn’t love a wall …” Trees are things which do not like walls or fences. While you may have the right to trim back branches and limbs that cross over your property line, picking fruit might be a different story. Courts have upheld that a homeowner’s tree rights extend indefinitely upward on his property line, and those rights are protected from invasion by an adjoining landowner. as long as you do not harm the tree. Across the country, the most heated disputes between neighbors often involve fences and meddlesome trees that straddle property lines. The Registry of Property has for its object the inscription or annotation of acts and contracts relating to the ownership and other rights over immovable property. you may trim the tree, etc. The tree belongs to the person in whose garden it grows. Whether it's a neighbor's dog causing damage to your fence, or sap-dripping tree branches hanging over your driveway, knowing your rights is important before attempting to negotiate an amicable resolution to neighborly disputes. When a neighbors tree branch is over hanging an adjoining property line, the adjoining property owner has an absolute right to cut the branch up to the property line. The following are general rules regarding overhanging tree branches. In this case, you may have questions about your rights regarding the portion of the tree that is on your property. ... even when it is hanging over a fence above a public footpath. If the branches and or roots of a neighbouring tree spread into another property, they still belong to the tree-owner. 709. It has been there all summer and finally is full of fruit that could be picked at any time. It's fair game. And lastly there is a wild grape vine hanging down in a local stores parking lot. As to fruit astounding over a public sidewalk, i discover it complicated to have faith all people might report a lawsuit over choosing fruit. (605) Art. 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. Who owns a tree? Find out what to do about a neighbour's tatty fence. The rule about picking fruit get a bit cloudy when it comes to your neighbors' fruit trees that happen to hang over into your property. 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