Everything You Should Know Before Grabbing Fruit That Isn't On Your Property
You may think that fallen fruit is automatically yours. But it's not so straightforward, and there are things you should know before grabbing fruit that isn't on your property. For example, the owner of the tree is generally determined by who owns the property where the trunk sits. In unique circumstances when a tree isn't very straight and reaches into a different property, generally where it emerges from the ground is the standard. This often causes problems when it comes to who trims the branches and takes care of the leaves it sheds, but it also applies to fruit. Even if they are hanging over and are very clearly in your yard, they belong to your neighbor.
There are also times when a trunk is on both properties; then, legally, everything is equally shared. All the fruit on your side of the property line is up for grabs. However, just to prevent any legal issues later on, you may want to make sure you know without a doubt the location of your property line to confirm it is a jointly owned fruit tree. Thankfully, finding your home's property line is easier than you think.
You may even have the right to trim the tree so it doesn't overhang, but doing this when there are fruits is a potential area that could cause legal battles. For safety, even if your state allows you to trim up any branches on your side of the property, it's best to do so when there isn't fruit that can be contested. You also want to make sure it won't kill the tree or harm production on their side, so take great care.
What else to know about harvesting fruit from trees that aren't yours
As for how to harvest fruit from a tree that isn't on your property, this is where things get a little mixed up. Technically, the tree is owned by your neighbors. However, you also have rights to your own property; fruit overhanging or on the ground in your yard might not be yours, but it also means your neighbor can't go onto your land and get it. Even cleaning up rotting fruit could be considered stealing in certain situations, so it makes for a rather sticky problem for everyone involved. This can lead to neighbor fights, so it's better to plan early with them on the best way to handle the situation.
Of course, if you really want some of the fruit, you can always talk to your neighbor. If they don't care, or they grow far more than they know what to do with, then they might be willing to let you have some. When it comes to fruit, talking to people is definitely something you want to do if your home is right next to your neighbor's house.
Okay, so taking fruit from a different property is wrong, but what about on public land? This could include trees planted on your street, or in a park that backs up to your property. The laws here are more flexible. Public fruit trees are fair game in most states. Take time to make sure it's actually public land. Orchards and such are not, even if they allow people onto their property, and therefore you cannot take fruit without their permission, or perhaps paying first.
What happens when you take fruit that isn't yours
In most cases, stealing fruit is considered petty theft. A fight would involve small claims court, and generally, you end up owing a fine. The fines can be several hundred dollars, with ones up to $500 being fairly common. And for repeat offenders, and in some other special cases, you can spend up to six months in prison. So while you may think it is just one piece of fruit, it can cost you quite a bit.
However, in some states where agriculture is more prominent, such as California, stealing fruit from a neighbor could be considered grand theft, even if the cost of buying one in a store is rather low. Fruits that are in high demand or difficult for farmers to keep up with, such as avocados, can lead to an even higher fine. In fact, the California Avocado Commission offers up to a $5,000 reward for anyone who helps with the arrest of an avocado thief. In some states, fruit theft is no joke, and it may be better to figure out how to grow and care for an avocado tree yourself if you love these fruits enough to consider taking one from your neighbor.
Of course, the information provided is the general laws. However, every state and city has its own rules and regulations, which makes it difficult to include more than just a generalization. Take time to confirm that the guidelines above are accurate to your area, just in case.