Conveyancing

My neighbour has fruit trees that overhang my property. Can I use the fruit?

Published in: January 2010

My neighbour has fruit trees that overhang my property. Can I use the fruit?

Technically, the owner of the tree owns all of its fruit. However, you might be able to negotiate with your neighbour so you can use the fruit in exchange for allowing the tree to overhang your property. Disputes with neighbours over trees are common. It is best to seek mediation and amiable arrangements before resorting to action that could make the situation worse.

Any branches you lop off belong to the owner of the tree. However, it is advisable to discuss the matter with them or seek advice before cutting them down. If returning fruit or branches, take care not to harm anything on your neighbour's property otherwise you could be liable to pay for the damage. If the overhanging branches are too high to cut down, you may need to talk to your neighbour about sharing lopping costs. Check state law for obligations in regard to these matters.