Whether To Pick Apples From A Neighbor's Tree

2024 Author: Bailey Albertson | [email protected]. Last modified: 2023-12-17 12:53

Is it possible to pick apples from a neighbor's tree if its branches are on your site

Summer residents and owners of private houses increasingly find inconsistencies in the laws. For example, when the branches of a neighbor's apple tree are outweighed over a fence, people do not know if they have the right to pick other people's fruits on their site. Before you start acting, you need to study this issue in detail.

From a legal point of view

Especially often, such problems occur in summer and autumn, during the harvest. If your neighbor refuses to have a peaceful conversation, you can't do without the law.

From a legal point of view, an apple tree is an immovable thing, that is, property. It turns out that if the branches of a neighbor's tree are on your site, then you have no right to touch them.

For an attempt to cut them without first obtaining consent from the owner of the apple tree, administrative liability is threatened. This action is considered to be causing damage and you will have to pay a fine.

The crop belongs to the neighbor. Therefore, picking apples without his consent is prohibited. This is a theft, the consequences for which will be much more severe.

If the fruits of the apple tree fell on your territory, then collecting them without the consent of the owner is regarded as an offense. The fall does not mean that you now own them. They belong to the owner of the tree, no matter whose territory they are in.

The civil code is on the side of the apple tree owner, even if he is absolutely irresponsible in caring for the orchard. Although, according to SNiP norms, tall trees should not grow closer than 4 meters from the fence. It is still possible to achieve justice through the court.

Logically

The owner is obliged to take care of the apple tree himself so that the branches do not hang down on the neighboring plot. Otherwise, he should at least not mind if people who are disturbed by the tree do the pruning themselves.

The situation is similar with apples. If you are not allowed to pick them, then the fruit will fall off and begin to rot.

In the end, you will still have to remove them, because a neighbor has no right to do this without your consent. And most likely, he himself will not want to.

What law do the deputies develop

At the moment, it is planned to make many amendments to the Civil Code, which will regulate in detail the relations between neighbors. The project also considers the issue of collecting fruits that have fallen on an adjacent site.

The deputies clarified that in this case, permission to pick fruit will be granted to the owner of the land on which they found themselves.