More details to this question:
I have an apple tree in our yard. It grew over my neighbor’s fence into their yard. He now claims the apple's hanging on his side are his. Is this true?
9 ANSWERS
I can speak only in a general way. The fruit of the tree belongs to the owner of the tree, so the neighbor should not pick the fruit. Courts are divided on who can have fallen fruit.
Answered on Sep 26th, 2013 at 9:13 AM
Thomas Edward Gates
Likely yes. If this bothers you remove the branches overhanging on his side of the fence.
Answered on Sep 26th, 2013 at 3:12 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Will you be trespassing to get them? Yeah, they are probably his. If you don't want him to have the apples, cut the branches from his yard.
Answered on Sep 26th, 2013 at 3:03 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Generally the answer would be that the part of the tree that is over the property line and into his yard can be dealt with by him in any fashion he deems appropriate (ie: he can harvest the apples hanging over his property, he can trim the tree back to the property line, etc.). However, it is typical for neighbors to get along and work something out if there is a dispute. Unless you are in dire need of apples, wouldn't the apples on your side of the property be enough for your needs and wouldn't it be best to agree to let the neighbor harvest any apples from his side of the property line in exchange for an agreement not to cut the tree back or otherwise damage the part on his side of the lot line?
Answered on Sep 26th, 2013 at 2:38 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I don't think so but how will you stop him unless you prune the tree. I have never researched a bushel of apples before.
Answered on Sep 25th, 2013 at 4:04 PM
No matter whose apples they are, how would you get them from his yard without damaging the branch? He has the right to cut down any part of the tree that goes over into his yard as long as it does not significantly injury the rest of the tree. So I suppose he would also be able to harvest the apples on his side of the fence.
Answered on Sep 25th, 2013 at 12:31 PM
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Yes. Sometimes my reply is digitally dictated and not checked for accuracy before being sent.
Answered on Sep 25th, 2013 at 10:12 AM
Criminal Defense Attorney serving Alexandria, VA
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Michael J. Sgarlat
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Interesting question. I don't think they're his apples but how will you pick the ones on his side of the fence? If the tree falls on his car or house will the tree be his tree or yours?
Answered on Sep 25th, 2013 at 10:02 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The apples hanging over on his side are his. If the wind blows some of your apples over the fence, those are his also.
Answered on Sep 25th, 2013 at 9:15 AM