as long as you do not harm the tree. So says the judge who wrote the opinion â Whitesell v. Houlton â that has become nationally known as the â;Hawaii Ruleâ; regarding the rights of property owners versus a neighbor's 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. "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. The next door neighbour's orange tree is absolutely loaded with fruit. > Can I pick and eat fruit from an overhanging branch? The principal is used widely (well at least in California and Louisiana) to justify "sidewalk foraging". As to fruit astounding over a public sidewalk, i discover it complicated to have faith all people might report a lawsuit over choosing fruit. If it's public property, then you have gifted the tree to the city (or county), and it's their property. you may trim the tree, etc. Generally speaking, the answer is going to depend entirely on who owns the land on which the tree was planted. Then again, you might need a lawyer to establish this right. 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. Disputes over trees & hedges â what you need to know. 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. A couple of the tree's branches are dangling over the fence on to your property. Under state laws, foragers can harvest the overhanging fruit. Davis fruit trees are featured in ⦠Taking fruit from trees overhanging public areas? That fruit overhanging into your property does belong to you, at least in Hawaii. Seattle: Community Harvest of Southwest Seattle picks and donates neighborhood fruit to local food banks with help from volunteers. In fact, there are maps on the Internet compiled by so-called urban foragers marking trees for picking. If you are moving across state lines or travelling, check the state's regulations on the importation of fresh fruit. Mangoes and, further along, citrus overhangs a public lane from private backyards. So long as you can pick the fruit without infringing on the owners real property you should be on pretty firm ground. If the state has import restrictions for your chosen fruit, avoid bringing that kind of fruit with you on your trip. 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