Fruit from the neighbor’s tree on your property. Who do they belong to?

The turn of July and August is a time when home gardens and orchards are full of ripening fruit. It happens that trees growing at the border of plots release branches outside the fence, and the fruit falls to the neighboring area. This raises the question of who in the light of the law is entitled to such crops. Although the situation seems trivial, in practice it often causes disputes between the owners of neighboring real estate. However, the Civil Code comes to the rescue, which regulates these issues and clearly defines the rights and obligations of the parties.

Fruit from a neighbor’s tree growing above the fence

According to Article 48 of the Civil Code, fruits ripening on trees and bushes belong to the owner of the land on which the plant was planted. This means that even if the branches of the tree hang over the neighbor’s fence, he has no right to collect them independently. Such action would be treated as a violation of ownership. The regulations indicate that “fruits” should be understood not only by edible yields, such as apples or pears, but also chestnuts, acorns or cones. It is worth adding that the owner of the plant should be able to collect fruit from branches that have grown outside its plot.

Fruit from the neighbor’s tree fallen to the plot

The situation changes when the fruit falls spontaneously to the neighboring ground. This issue is regulated by Article 148.

According to its content, “fruits fallen from a tree or bush to neighboring ground are its benefits. This provision does not apply when the neighboring soil is intended for public use.”

Thus, the neighbor’s crops that fall spontaneously become the benefits of the plot on which they fell. In practice, this means that the owner of the property, which the fruits fell on, can collect them and use them freely. It should be emphasized, however, that this law only applies to fruits that fell naturally. It is unacceptable to shake or cut branches to force them to fall. This border is important because without it it would be easy to find abuse and conflicts.

Fruit from the neighbor’s tree and the cleaning obligation

Although the law allows you to use the fruits that have dropped, their presence is not always welcome. It happens that the fallen crops instead of enjoying, they are in trouble: they rot, dirty and attract swarms of insects. In such a situation, the owner of the plot cannot, however, force a neighbor to clean them. Why? Because the benefits that fell to the ground become the property of its owner. If excess fruit causes damage or hinders the use of real estate, you may consider claiming compensation on general principles. However, such cases require proven real damage.