The neighbor’s tree stands on the border of the plot.  Can I help myself to fruit?  The answer is surprising

The neighbor’s tree stands on the border of the plot. Can I help myself to fruit? The answer is surprising

What to do when branches from a neighbor’s tree reach our plot? Can we pick fruit from such a tree? We explain how to avoid a neighborly conflict and what the regulations say about it.

When it grows on the border of the plot, its fruits often protrude onto our property. Many people wonder whether they can eat them without fear in this arrangement. What about those that fall to the ground? Do they belong to the owner of the property where the tree grows, or maybe to the owner of the plot on which they fell?

Can you pick fruit from your neighbor’s tree? The answer will surprise many people

The regulations say that fruit from a tree that grows on the border of the plot belongs to the owner, so we cannot tear them off, even if the branches protrude onto our property. We can read about it in more detail in:

Subject to the exceptions provided for in the Act, the components of the land include in particular buildings and other devices permanently attached to the land, as well as trees and other plants from the moment of planting or sowing.

apple tree/garden Katerina Bolotina / Getty Images/iStockphoto

says that the neighbor also has the right to enter our property to collect and does not have to ask for our consent. This is due to the fact that a tree is part of the land, so it has its own owner and if we are not the owner, we have no right to the fruit that grows on it. However, if a neighbor enters our property and damages, e.g. the fence, he is obliged to repair it. However, we have the option to trim the branches that reach our plot. However, you must first set a deadline for your neighbor to remove them himself. If he doesn’t, we can act.

Can I eat fruit from my neighbor’s tree if it falls on my property? In this case, the law is on our side

The situation changes when fruit from our neighbor’s tree falls on our area. Then, in accordance with , they become our property.

Fruit falling from a tree or shrub onto adjacent land constitutes its benefits. This provision does not apply when the adjacent land is intended for public use.

Remember, however, that intentionally shaking fruit from the tree is prohibited.

Source: Gazeta

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