Who's apples are they?

[whit]

My neighbor has an apple tree very close to the fence and some of the limbs and apples hang over. Actually they offered me apples they had already collected from their side of the fence but just out of curiosity do I have any right to apples?

These apples are hard and don't taste very good raw but are great cooked. I wonder what kind they might be? They are shiney green with white flakes and are about the size of a tennis ball. The neighbor said they keep well but all that were left rotted quickly about the end of April or first of May.

[Michael Kawalek]

A casual rule of thumb between good neighbors is what hangs over the property line belongs to the neighbor. At least that's what my neighbors and I do. Of course though, we already have an understanding between each other that trees crossing over is OK.

Having apples that store till the end of April sounds pretty good. How are they being stored?

[Harry Chickpea]

The answer dates back to common law, as it was a big issue for centuries. The apples on the trees are not yours. Those that fall onto your property of their own accord are yours.

[wy_white_wolf]

Check your state laws on this topic.

[rambler]

It sounds like you have a good relation with your neighbor, and this is a just 'what if' type of question?

Each state has taken a few centuries to develop laws around this issue, so what applies in one state might be different in yours.

The common usual way in many states: your neighbor owns the tree, you cannot do something to kill it or you are liable for the loss.

You can trim anything hanging over your property line, as you control your space. But the wood likely could belong to your neighbor, even what you cut down - you'd need to stack for him to take. But if it has no value, it is yours to dispose of, you can't just toss debris over the fence.

The fruit of the tree would belong to the neighbor (as it is of value, like the wood of the tree). But if it falls on your ground, it is yours to do something with - abandoned by the owner, more or less.


Yes - that leaves a _lot_ open to figure out yet - if you & your neighbor hate each other to the end of time, how would the neighbor harvest the fruit hanging over your property without tresspassing on your land? And so on.

I donno.

It gets kinda odd if you look into the laws deeply.

Hopefully this is just one of those idle questions, wonder what if?

--->Paul

[whit]

No problem with any neighbor espically this one. In fact this couple and their small kids are the biggest part of the reasons I bought this mostly steep north slope.

These neighbors have only lived there one year. Last fall, before I met them, they picked and canned some of the apples but couldn't afford to buy a freezer or more canning supplies so they just put milk crates of apples in an unheated back room.

They have gained a lot of ground financially in this past year.

[CountryWannabe]

Why don't you just ask if you can pick some from your side of the fence? They will likely say "Yes". Give them a case of canning jars to say "Thank You". Keep things friendly and co-operative instead of letter-of-the-law. People tend to regard you more favorably that way

Mary

[haypoint]

Anything that hangs over the property line is yours.
Your neighbors don't rake up the leaves that fall from their tree into your yard, do they?
Actually, you can cut any/all branches of any tree that hangs into your property.

So, the apples are yours.

If they like apples and you don't seem to be interested in the ones that fall into your yard, I could see a neighbor "cleaning" up the dropped apples.

[JohnL751]

Sounds like you have a lot of those apples, they are good when cooked and they keep well. Is there some way to reproduce it and make more trees. I know several people who would be intrested in having one?

[Paquebot]

There was a big discussion on a local radio talk show recently about this subject. The rule is that you own any part of a tree which extends over your property. You may legally prune every bit of that tree which is on your side. However, should the results of that pruning kill the tree, you are liable for the replacement cost of the entire tree.

The description of the fruit is fairly close to what a lot of "wild" apples turn out to be. The blotchy coloring often makes them look like birds have roosted over them. Generally they make good pie or cider apples but not for eating out of hand.

Martin

[TurnerHill]

Rambler has provided the correct answer.