Mundraub: Can you harvest the fruits from the neighbor’s garden?

fruit picking
Other people’s fruit: Can you harvest the fruit from your neighbor’s garden?

In summer the trees and bushes are full of fruit – even in the city. But can you simply harvest from someone else’s trees as you please? What is allowed and when you should keep your hands off the sweet fruits.

Many sweet fruits, such as cherries and apples, also grow in the city, sometimes even on your doorstep. But is it actually allowed to take what you want from the trees and bushes? There are indeed plants that may be picked at will for domestic use. Which of course not only protects your own wallet, but also ensures that the fruit does not rot uneaten.

It may be granted if it is a matter of plants that have been sown wild and are not in parks. According to the Federal Nature Conservation Act, small amounts may be harvested from them if walking on the ground on which the tree or shrub is standing is permitted. This is usually the case in public forests, for example, but private property is not. Plants that stand on the side of the road are in most cases owned by the city, county or country.

Before harvesting, ask the neighbor

And what about the fruit from the neighbor’s garden? questions helps. Just reach out, that’s not allowed. The owner’s permission must be obtained before entering the property. Simply climbing over the fence is not a good idea. Because that’s trespassing. However, if the fruit from the neighbor’s tree falls into your own garden, you can take it. If it is still hanging on the branch, picking is not allowed, even if the branch protrudes into your own property.

The Mouth Robbery app makes it easy to find harvest opportunities. Not only is it free, the map also makes it easy to find the shrubs and fruit trees to help yourself. More than 58,000 localities are listed in the app. Best of all: The filter function allows you to search for exactly the fruit you are craving. This enables targeted harvesting. And that is always “legal mouth robbery”, because beforehand – at least that’s how it should be – it was clarified that picking is allowed.

Up until the mid-1970s, mouth robbery was a punishable offense. Anyone who illegally feasted on someone else’s tree had to reckon with a fine of up to 500 marks. This passage no longer exists today. But that doesn’t mean you can’t get in trouble. According to the Criminal Code, anyone who takes fruit from someone else’s property commits theft. Although this is only pursued if the owner insists on it and has no consequences if he does not notice, it is not legal.

A double check helps to be on the safe side. Because of course, even if it sometimes looks like there is no owner behind the tree and no fence or sign explains the situation, the tree is not immediately common property. In this case, it is important to keep your hands off the fruit.