The principal is used widely (well at least in California and Louisiana) to justify "sidewalk foraging". 17th October 2019. Mangoes and, further along, citrus overhangs a public lane from private backyards. as long as you do not harm the tree. Riverside, California: Where the city slogan is "City Of Trees" Urban Fruit Harvesting uses Twitter, Facebook, and MySpace to get the word out and find new trees. A couple of the tree's branches are dangling over the fence on to your property. Taking fruit from trees overhanging public areas? Generally speaking, the answer is going to depend entirely on who owns the land on which the tree was planted. Property expert Ross Clark replies: You have the right to pick the apples, and to prune any part of the branch that is overhanging your garden. So says the judge who wrote the opinion — Whitesell v. Houlton — that has become nationally known as the “;Hawaii Rule”; regarding the rights of property owners versus a neighbor's tree. you may trim the tree, etc. In fact, there are maps on the Internet compiled by so-called urban foragers marking trees for picking. Strictly speaking, Diserens said the law allows for people to pick fruit if a tree hangs over on their property or in a public space, like a sidewalk. The best place to find this information is on the state's department of agriculture website. in the experience that your neighbor's fruit tree hangs over into your backyard, any fruit you may attain on your area of the fence is yours. Davis fruit trees are featured in … Under state laws, foragers can harvest the overhanging fruit. Disputes over trees & hedges – what you need to know. Then again, you might need a lawyer to establish this right. "If fruit hangs over from your neighbor's tree into your yard, then that fruit is technically yours or you can cut those branches out. As to fruit astounding over a public sidewalk, i discover it complicated to have faith all people might report a lawsuit over choosing fruit. The Institute of Food and Agricultural Sciences (IFAS) is an Equal Opportunity Institution authorized to provide research, educational information and other services only to individuals and institutions that function with non-discrimination with respect to race, creed, color, religion, age, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations. So long as you can pick the fruit without infringing on the owners real property you should be on pretty firm ground. If the state has import restrictions for your chosen fruit, avoid bringing that kind of fruit with you on your trip. > Can I pick and eat fruit from an overhanging branch? Can you pick the fruit for yourself? If it's public property, then you have gifted the tree to the city (or county), and it's their property. 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