So who owns the plums from the plum tree?

[riverrock]

Had a funny "argument" with my next door neighbour/friend last night. The plum tree in my garden has produced plums this year! (And what looks like really good ones too) This is in contrast to last year which was a waste of time. Anyhow, some of the tree branches grows over the fence into his garden and he claims they're all his as they're in his since they're now on his patch. But its my tree!!! So, who's the owner?

 

[Bikini Mod]

Hmmmmm good question.

If the ripe plums fell to the earth (which are the only ones that are good for making moonshine anyways - don't ask how I know this, just accept it as the truth LOL) which side of the fence would they be harvested from?

 

[musclemom]

Had a funny "argument" with my next door neighbour/friend last night. The plum tree in my garden has produced plums this year! (And what looks like really good ones too) This is in contrast to last year which was a waste of time. Anyhow, some of the tree branches grows over the fence into his garden and he claims they're all his as they're in his since they're now on his patch. But its my tree!!! So, who's the owner?

He is correct. Anything of your tree that crosses the property line belongs to him. He is, actually, within his rights to lop the tree branch off at the property line arbitrary of how it would affect the tree.

So let him have the plums and offer him extra. You'll have way more than you can possibly use.

 

[riverrock]

So let him have the plums and offer him extra. You'll have way more than you can possibly use.

I'll offer to go over and pick the lot. Then he can have his cut. 25% on his side max!

 

[jestro]

I'll offer to go over and pick the lot. Then he can have his cut. 25% on his side max!

ONLY the ones that hang over the fence are his. So you've still gotta have enough on your side to give you the shits for month.

 

[Bikini Mod]

Damn... isn't anyone listening to what I am saying here about White Lightning?

 

[MSA122]

He is correct. Anything of your tree that crosses the property line belongs to him. He is, actually, within his rights to lop the tree branch off at the property line arbitrary of how it would affect the tree.

So let him have the plums and offer him extra. You'll have way more than you can possibly use.

some places it isn't arbitrary how it would affect the tree; but agree he's free to pick the plums on his side of the fence...

I had a neighboor in the back, diagonal, just share maybe 10ft of property line, prune branches off of my tree, then throw them on my side of the fence. I was like that's BS, you can prune them if you want, but you better get rid of them yourself. Threw them back over the fence, lol.

 

[chris302001]

tell him to stop being a mo and get his hands off your plums

 

[Mr. dB]

I don't know how this works in England, but here in the USA if there's a tree on my property that overhangs my neighbor's house, and a limb falls off and crushes his roof, it's his problem not mine.

So the way I figure it, if the neighbor is sharing in the risks of my tree overhanging his property, he should also share in the benefits.

 

[Captain FT]

You could get really technical and site city zoning laws. Tell your neighbor if he didn't purchase the unused developement rights or "air rights" with his property then the branches on his side belong to you

 

[Melaina]

If the base of his branch is on your side and you cut it off then he shall have none.

 

[Whiskey]

I think it is different from state to state. Neighbor has a mullberry tree that shits its nasty berries onto my property, I can't cut the branches that overhang onto my prop. Just like he can't chop off half of my pear tree. Of course I could care less if he took my pears though, too many

Whiskey