As the springtime weather in New Jersey gets warmer and warmer, homeowners with large trees in their yard are likely even more appreciative of the services the plants provide.
Trees can offer ample shade for people and pets on a hot day. Some have fruit and flowers, making for a delicious snack or a beautiful floral display inside the home.
But before picking any food or plants, it is important to know whether it is legal to do so from a certain tree. This seemingly simple question gets less clear when, for example, the items fall from one property and land on another.
In order to avoid any trouble with the law, or just resentment from the neighbors, here is what experts say to consider before helping oneself to a tree’s offerings.
The main factor that determines who “owns” a tree, and thus is allowed to pick from it, is where it is located.
A tree whose trunk is on the neighbors’ property belongs to them as well as any fruit it bears, according to Nolo, an online publication that provides legal clarity for businesses and the general public. Thus, taking something off a tree belonging to someone else without their permission is considered petty theft.
The answer is generally the same even if the branches from a neighbor’s tree hang over another property, according to online legal source FindLaw. However, the law varies by state, so the site recommends checking local regulations before eating any fallen fruit from the tree.
The Monmouth County-based law firm Chamlin, Uliano & Walsh suggested consulting a municipality’s zoning code for any property disputes. In some areas, homeowners may be allowed to pick fruit and trim branches or bushes hanging over from the neighbor’s yard.
The law gets more confusing when debating who is entitled to fallen fruit from another property. Nolo called this particular situation a “legal gray area” — the tree owner can not enter the other yard without permission to retrieve a piece of fruit, while the neighbor is not legally able to pick up and eat it either.
In this instance, as with most relating to picking items off trees, the legal experts all agreed on the most logical solution: talk to your neighbor to discuss what works best for everyone. As the Nolo article pointed out, most people who have a good relationship with others in the area will allow them to gather fruit, regardless of what the law says.
“This isn’t something you want to be fighting with your neighbors about,” the article stated. “A talk with your neighbors, perhaps accompanied by homemade cookies, will likely lead to informal guidelines about what everyone can and can’t do.”
