Is eating fruit from my neighbor’s tree considered theft in California? What to know

From the side of your yard, you see glistening red apples hanging from your neighbor’s tree. The branches extend into your property and the fruit’s shine from the early morning dew is constantly winking at you — do you take the risk?

Tree laws in California can get tricky.

After The Bee’s story on the state’s rules for tree droppings, a reader asked: “If the branch from my neighbor’s tree bears fruits and sticks over my fence, can I enjoy the fruits without their owner’s consent?”

Similar to debris and leaves falling on your yard in California, any fruit that drops onto your property is yours to keep.

What we know

Austin Young with Fallen Fruit, an art collective that helps Los Angeles residents find fruit around the city, told public radio affiliate LAist: “There’s no written law about who owns the fruit that’s hanging into public space, but there is a common law about neighbors.”

According to the Community Law Center, a legal service based in Maryland, the law varies by state. In California, branches and fruits that cross the boundary line belong to the other person. This means you can pick the apple from the tree if it’s hanging over your property.

Under California’s code of civil procedure, you can also reasonably trim or prune a tree’s trunk, limbs or roots on your property.

Can I pick fruit from the sidewalk?

Generally, it is legal to pick fruits from public trees or if they hang over a public sidewalk, according to Vista Criminal Law, a California attorney’s website.

But it depends on where you are. The California Code of Regulations outlines restrictions on state buildings and prohibits picking or damaging plants and flowers on state grounds. If you’re in Sacramento’s Capitol Park, don’t pick the fruit.

At what point does it become theft?

If the fruit isn’t hanging over a public sidewalk and you’re finding yourself reaching into your neighbor’s yard for it, it’s considered theft.

If you’re taking less than $950 worth of personal property, it’s considered petty theft, and anything over that amount is grand theft under California Penal Code 487.

This story was originally published September 11, 2023 at 11:10 AM.