Is my California neighbor allowed to pick fruit from my tree? See state rules

California tree laws can get complicated — especially when your neighbor’s branches cross the property line.

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In California, it’s not unusual for branches to stretch over a fence and into a neighbor’s yard, bringing everything from shade and fallen leaves to tempting fruit along with them.

Can a neighbor legally pick and eat fruit from your tree in California?

Before reaching over the fence for a snack, it’s important to understand where California law draws the line between your property and your neighbor’s.

Here’s what California property owners need to know about trees, overhanging branches and who gets to keep the fruit:

Can I eat fruit from my neighbor’s tree that falls on my property?

In California, fruit that falls naturally onto your property from your neighbor’s tree is generally considered yours.

You can also generally trim or prune portions of a neighbor’s tree — including branches, limbs or roots — that extend onto your property, as long as you stay within certain legal limits and do not damage or kill the tree, according to California’s civil code.

The location of the fruit matters.

If your neighbor’s tree is hanging over your fence, California courts have rules stating that you can pick the fruit, according to Vista Criminal Law, a California attorney’s website.

However, you cannot reach across the property line into your neighbor’s yard to harvest the produce.

Simply having a branch extend over your fence does not give you permission to enter your neighbor’s property or take fruit that remains on the tree.

“Entering that property to take someone else’s fruit is a form of trespassing,” the law firm said.

Can I pick fruit from a neighbor’s tree hanging over a sidewalk?

The rules can be different when a tree is located on public property or its branches extend over a public sidewalk, according to Vista Criminal Law.

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Whether you can legally pick fruit from a public tree depends on the location.

California regulations prohibit damaging or removing plants and flowers from certain state-owned grounds.

In California, courts have ruled that “if fruit is hanging over the property line onto the sidewalk, then it is up for grabs,” according to Vista Criminal Law.

However, it’s best to check with the property owner before picking fruit from a tree that isn’t on your property.

“You can be charged with a crime if you break or cut the stem to get the fruit, as this is considered to damage the tree itself,” the law firm said.

What happens if you’re caught stealing fruit from a neighbor’s tree?

If you reach into your neighbor’s yard and take fruit without permission, you could potentially face a theft allegation, according to Vista Criminal Law.

Under California law, theft of property valued at $950 or less is generally considered petty theft.

Petty theft can be charged as a misdemeanor and is punishable by up to six months in county jail and/or a fine of up to $1,000, along with possible restitution, according to Shouse California Law Group.