Can you pick fruit from your neighbors’ trees? The law is clear.
With the arrival of sunny days, gardens are filled with ripe and tempting fruits, and sometimes, you would like to pick a few cherries from the branches of your neighbor’s tree, or bite into one of his apples. While this idea may seem tempting, the question of the legality of this gesture immediately arises. Do you have the right to help yourself to your neighbor’s fruit trees that overflow into your garden?
In France, the law regarding ownership of fruits is clear. According to Article 544 of the Civil Code, “ownership is the right to enjoy and dispose of things in the most absolute manner, provided that one does not make use of them in a way prohibited by laws or regulations.” This means that fruits growing on private land belong to the owner of that land.
However, there is an interesting exception to this rule, provided for in Article 673 of the Civil Code. This article stipulates that fruit that has fallen naturally from trees on neighboring land may be picked up by the owner of that land. Thus, if a branch of your neighbor’s fruit tree overhangs your property and fruit falls naturally from that branch onto your land, you are entitled to pick it up and eat it. This applies whether you are the owner or the tenant.
However, you are not allowed to help yourself directly from the tree, even if the branch is overhanging your garden, nor to shake the tree to make fruit fall, nor to cut branches or climb to pick fruit. The fruit must have fallen naturally.
Please note that if you pick fruit directly from your neighbor’s tree without permission, this is considered theft, punishable by criminal penalties. Indeed, according to Article 311-1 of the Penal Code, theft is defined as “the fraudulent removal of another’s property.”
However, don’t hesitate to ask your neighbor if he has any extra fruit. Many homeowners will be happy to share their harvest, especially if they can’t eat it all themselves.