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Hi Folks,

My next-door neighbor has a plum tree which hangs over into our yard.  So here's my question: is it okay for my family to pick the plums that are on our side of the fence?  Otherwise they fall on the deck (and there are a lot of them!), which isn't great for the deck and is a pain to clean up (especially when the mess wasn't from us in the first place.)  I'm thinking we're in the right to pick them, but on the few times that the neighbors have seen us, they've been quite upset.  What do you all think? 

Thanks!

You have the right to maintain the part of the tree that encroaches on your property.  You may pick the fruit, prune the branches, etc.  Obviously, one would prefer to maintain a good relationship with their neighbor however, one must also do what one must to protect the value of your own property.  A friend of mine recently had all the trees that hung over the neighbor's fence "hard cut" in order to stop further damage to the roof and our cars.  While we're not really sure the neighbors even noticed, nothing has been mentioned.  Good luck.

Many years ago, seeds in a birds dropping created a Mullberry tree ( yes a tree not a bush of the childrens song )

My wife & I and the birds loved it but a neighbor, with a yard never used except to store junk and 5 gal duck sauce buckets, (from the chinese restaurant the neighbor worked in) full of gutter rainwater complained about the fallen berries. We would go into their yard and prune if they didn't but finally the tree was too high and in a moment of weakness I told the arborist they hired to trim thier side to take the whole tree down and I shared half the cost. My tree would not have grown over their yard if they had not cut down all the trees that were in their yard when they bought the house. But my tree sought the light of the open space in their yard.

My neighbor had the legal and moral right to prune the branches on his side and I never complained about that. And you have the right to pluck those fruits rather than let them fall on your deck and cause a mess and tripping hazard. The neighbors appear to be greedy persons. I wouldn't worry about appeasing such people. My tree did not die. A few months after being cut down 4 shoots appeared from the stump. I planted silk trees in the space between the Mullberry tree and the fence that separates our yards so between the trees and my pruning I will see to it that it stays a bush.

I am not sure, but under Real Estate Law or Town/Property Law, if for some reason man made or mother nature,  if the tree ends up falling onto your property during a storm or otherwise, then the tree becomes your problem even though it is your neigbor's tree.

So if that is the case then you should be able to pick the fruit from the part that is hanging inside your property.

I would look it up before explaining that to your neigbor if they seem to get irritated when you pick the fruit, but I am pretty sure that is the case if it is hanging over your property line then it is yours.

I hope it helps :)