Law regarding picking fruit from someone's tree

Written by noel shankel
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Law regarding picking fruit from someone's tree
Never pick fruit off a tree without getting the owner's consent first. (Jupiterimages/Creatas/Getty Images)

Few things taste better than home-grown fruit picked ripe from a tree. While it may be tempting to pick ripe fruit, it's not always legal. Fruit-picking laws protect tree owners who have put time and effort into growing their own fruit.

The Law

Under most circumstances, the fruit that grows on a tree belongs to the owner of the tree. If a tree branch containing fruit hangs over the property line between two neighbours, the neighbour of the tree's owner does not have the right to pick it. She may trim the branch back to the property line, but the tree owner retains the right to the fruit.

Public Trees

Fruit trees that grow on public land are open to the public. People have the right to pick this fruit, regardless of whether the tree belongs to them or not. If the tree rests on private property but the fruit hangs over into public land, residents can legally pick it.

Fallen Fruit

Some people assume that if fruit falls from a neighbour's tree and lands on their property, they have the legal right to eat it. This is not always the case. Without the tree owner's consent, the fruit must be returned and cannot be consumed.

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