That fruit overhanging into your property does belong to you, at least in Hawaii. Can you pick the fruit for yourself? Davis fruit trees are featured in … Riverside, California: Where the city slogan is "City Of Trees" Urban Fruit Harvesting uses Twitter, Facebook, and MySpace to get the word out and find new trees. If the state has import restrictions for your chosen fruit, avoid bringing that kind of fruit with you on your trip. Mangoes and, further along, citrus overhangs a public lane from private backyards. In fact, there are maps on the Internet compiled by so-called urban foragers marking trees for picking. Property expert Ross Clark replies: You have the right to pick the apples, and to prune any part of the branch that is overhanging your garden. > Can I pick and eat fruit from an overhanging branch? Seattle: Community Harvest of Southwest Seattle picks and donates neighborhood fruit to local food banks with help from volunteers. Generally speaking, the answer is going to depend entirely on who owns the land on which the tree was planted. Under state laws, foragers can harvest the overhanging fruit. "If fruit hangs over from your neighbor's tree into your yard, then that fruit is technically yours or you can cut those branches out. you may trim the tree, etc. Then again, you might need a lawyer to establish this right. If it's public property, then you have gifted the tree to the city (or county), and it's their property. So says the judge who wrote the opinion — Whitesell v. Houlton — that has become nationally known as the “;Hawaii Rule”; regarding the rights of property owners versus a neighbor's tree. Strictly speaking, Diserens said the law allows for people to pick fruit if a tree hangs over on their property or in a public space, like a sidewalk. 17th October 2019. The Institute of Food and Agricultural Sciences (IFAS) is an Equal Opportunity Institution authorized to provide research, educational information and other services only to individuals and institutions that function with non-discrimination with respect to race, creed, color, religion, age, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations. As to fruit astounding over a public sidewalk, i discover it complicated to have faith all people might report a lawsuit over choosing fruit. So long as you can pick the fruit without infringing on the owners real property you should be on pretty firm ground. Taking fruit from trees overhanging public areas? as long as you do not harm the tree. 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. Disputes over trees & hedges – what you need to know. 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