What the law says
Legislation regulates the picking and collection of neighbors’ fruits in a precise manner. Thus, a distinction is made between picking and collecting:
- Gathering : it’s about picking fruit directly on the tree located in a property not belonging to us. Gathering is prohibitedeven if the fruit protrudes at your house, on the road, etc. The same is true when you are walking and a branch well stocked with beautiful cherries protrudes from a property, you have no right to pick them .
- The pickup : it’s about recovering fruit that has fallen to the ground. The fruits then belong to the owner of the soil, which means that you have the right to pick them up. Moreover, in article 673 of the Civil Code, it is thus specified that when branches overhang another property, the owner of the land concerned may oblige the person who owns the tree to cut them to protect himself from the nuisances they cause. can create, such as an unwanted shady area, falling leaves in the fall, etc.
Remember: As long as the fruit is on your neighbor’s tree, you cannot pick it from the branch, even if it overflows onto your property. On the other hand, as soon as the fruits fall on your land, they are yours and you are free to do with them what you wish.
What you risk
If the temptation is too great and you find it difficult to resist, know that picking fruit from your neighbor’s tree is liable to a fine.
Indeed, if you do not have his agreement to harvest the fruits, this gesture, which may seem banal, is qualified as theft and is therefore a criminal offense which can be punished by 3 years’ imprisonment and a fine of €45,000.
How to enjoy your neighbour’s fruits?
Admittedly, it is clearly forbidden by law to pick fruit from your neighbour’s tree, but an easy solution to put into practice is to simply ask him for permission.
If you’re on good terms, he’ll probably be willing to let you enjoy some of his tree’s production, and he’ll appreciate your request. You can also offer him help or anything else in return. Nevertheless, nothing obliges him to accept.
If the fruits cause an inconvenience
In some cases, the fruit from your neighbor’s tree may not be harvested in time and, after rotting on the tree, may fall onto your soil. This can be a source of inconvenience for you, especially if your terrace is just below, for example.
If you do not have the possibility of forcing your neighbor to reap its fruits, you can, under the terms of the law, as seen above, force him to cut the branches that get in the way. If you face this problem, start by asking your neighbor orally, then if you see that he does not take care of it, you can send him a written request by registered mail with acknowledgment of receipt.
If, despite everything, your request remains unanswered, you can force it by doing appeal to a judge.
In the case of roots, brambles or twigs, if they encroach on your land, you have the option of cutting them yourself at the dividing line.
Suspicion of theft of your fruit
If you are the owner of one or more fruit trees and you suspect your neighbor of picking the fruit without your knowledge, there too, try toengage in dialogue with him.
If despite everything, the problem persists, you can send him a registered letter with acknowledgment of receipt. It is also possible to have recourse to a justice conciliator.
If the theft is proven and you are unable to resolve this dispute amicably, it is possible to lodge a complaint with the gendarmerie or the police. Legal action may then be considered.