Is picking fruit from a neighbor's yard legal? What NY law says

Victoria E. Freile, Rochester Democrat and Chronicle
·5 min read
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You know you've been tempted. You see a ripe piece of fruit overhanging from a tree on someone else's property, you long to pluck it from the plant and sample the goods.

But behind the allure of that sweet, delicious taste lies a legal question: Who owns the fruit hanging over public space or over your own private property? Across many communities in New York, ordinances grapple with balancing property rights and public access, prompting questions about where admiration ends and appropriation begins.

Many are unaware that the simple act of picking a petal, apple or cherry could land them in legal hot water. That's right. Unless you own the tree, no matter the location of the branches, plucking the fruit can be considered theft.

The Los Angeles Times recently explored this issue through a survey, and received responses from 855 readers with passionate opinions. Here are their questions and the corresponding responses — and what law actually says:

When is it OK to pick fruit from someone else's tree, bush or vine?

According to the New York State Urban Forestry Council, overhanging branches and the fruit upon them are the property of the tree's owner. Sure, you have the right to trim branches and limbs that cross over your property line, but picking overhanging fruit is another story.

On the one hand, collecting the growing fruit that will inevitably land on your property is preventing you from the delayed burden of collecting rotten, fallen fruit from the ground. But also, it is a safer choice to ask your neighbor to either prune the fruit tree or ask your neighbor to collect the fruit from the plant before it becomes a problem.

The general feedback from the Los Angeles Times survey determined that it is acceptable to pick fruit from someone else's tree if the fruit can be accessed without stepping onto the owner's property or trespassing:

  • 50% agreed it was OK if the branches are hanging in or accessible from a public street or sidewalk.

  • 49% agreed it was acceptable if the branches are hanging over their own yard.

  • 34% consider it acceptable when the fruit is hanging in a public alleyway and easily reachable.

  • 19% said it was never OK.

Is it OK to pick up fallen fruit from someone else's tree?

Whether it's acceptable to eat an apple that has fallen from someone else's tree is frequently raised on Reddit and online legal advice forums, such as Avvo.

"If I allegedly keep picking fruit that's coming over the fence into my backyard from a tree that's planted in my neighbor's backyard, am I well within my legal rights?" asked one user on Avvo in 2016.

Five attorneys responded, all of whom agreed that it was legal to take the fruit. Also to note, fallen fruit has little value and the tree owner is likely not able to retrieve it without trespassing.

That said - unless you monitor the tree daily, you likely will not how long the fruit has been on the ground.

When surveyed by the Los Angeles Times, most respondents also agreed that it's acceptable to take fallen fruit if not trespassing and under certain circumstances:

  • 62% if it's acceptable if the fruit falls into their own yard.

  • 51% when the fruit is lying in a public street or gutter.

  • 30% if the fruit fell onto the ground beneath the tree but is easily accessible from the public street or sidewalk.

  • 8% said never.

What would you do with a fruit-laden tree that no one is harvesting?

Few would suggest bringing a ladder and bucket to take fruit off someone else's tree — and people generally recommend asking before picking. Here's what respondents said they'd do in the Los Angeles Times survey:

  • 60% would knock on the door and ask for permission.

  • 28% wouldn't take from the tree at all without a sign offering the fruit.

  • 21% would take only a few pieces of fruit that can be easily reached.

  • 11% would take whatever they could reach.

What about tree maintenance in New York?

In New York, a property owner is responsible for any trees on their property — specifically, the trees whose trunks are on their property. Ownership of the tree depends on where the trunk of the tree is located, regardless of where the branches are located.

If a tree trunk is located on a boundary line — sometimes referred to as a "boundary tree" — that tree could be owned by both homeowners, based on the percentage of the tree that is located on each property. Insurance companies will sometimes use those percentages to determine who is liable if a tree comes down and causes property damage.

That percentage also applies to the fruit on any fruit-bearing boundary tree. As the tree is owned jointly, so is the fruit. The tree owners will need to draft a plan on how to divide the fruit.

A property owner can take down branches that hang over their property — up to the property line, even without permission from the tree owner. However, the law also states that if a homeowner trims branches on a tree and that causes damage to the overall health of the tree, that person could be liable, and might have to pay to replace it. Some trees can cost hundreds and even thousands to replace, and the liability may sometimes be more than the actual value of the tree.

As for any leaves that blow onto your property from your neighbor's tree: Sorry, you have to clean those up.

Contributing: USA Today network reporter Brandi Addison

This article originally appeared on Rochester Democrat and Chronicle: Is picking fruit from a neighbor's yard legal? What NY law says