My neighbor claims that all the fruit on "his" side of the fence but on my tree is his to pick freely. True?
4 attorney answers
Any branches hanging over his property line he can cut off and any fruit on his side is his. Frankly, is this something you want to go into a legal battle over- some fruit.
Information posted or made available on or through this site is not intended as legal advice or to create an attorney-client relationship between you and any attorney. You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. Klurfeld & Associates, P.A. is a real estate and general practice law firm located in Davie, Florida. Please note the contacting us does not create an attorney-client relationship until our firm is officially retained.
You didn't expect to get a phsychoanalysis when you asked your question.....but my colleagues are correct.
Why don't you ask your neighbor to let the fruit mature so that picking it will not damage the tree. Then everything will be--as they used to say--Kopasetic.
We do not have an attorney-client relationship unless we enter into a written, formal letter of instruction to represent; accordingly, I am not your lawyer. The statements I make do not constitute legal advice. Any statements I make are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am admitted to practice in Florida, Oklahoma, and Texas, and to the Bar of U. S. District Courts. Accordingly, my responses reflect the law of those states. I practice extensively in U. S. District and Bankruptcy Courts. Any advice given here is deemed to be within the parameters of the rules of professional responsibility and codes of ethics as promulgated by The Florida Bar and The Supreme Court of Florida, The State Bar of Texas and the Texas Supreme Court, and the Oklahoma Bar Association and the Oklahoma Supreme Court.
This is always an interesting type of question. Basically, an owner's property rights extend beneath the property and up into the airspace above it. What that means is that your mango trees are trespassing onto your neighbor's Real Property (his yard). On the same token, if your neighbor is doing damage to the tree as a whole, he is damaging your Personal Property (the tree). The reality of the situation is that you and your neighbor are having trouble getting along. This seems like a relatively minor matter, and I would encourage the two of you to try and get along rather than fight over a fruit tree. In the long run it's better to find a way to get along with your neighbor rather than worry about who is technically right or wrong.
The answers provided herein are for informational purposes only and should not be relied on as providing legal advice. Furthermore, this answer does not create an attorney-c;lient relationship. The hiring of a lawyer is an important decision and should not be based solely on an advertisement or general answer provided to a question on a website
Your neighbor has the right to pick any of the fruit from your tree that grows from branches extending over the property line. Your neighbor also has the right to cut off any limbs of your fruit tree that extend over the property line onto his property. If your are unsure of your rights with respect to your mango tree, you should consult an experienced real estate lawyer in your area.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.