Every day we walk our dogs past our neighbor’s property and admire her flourishing tomato plants, which are jutting through the concrete wall and onto the sidewalk.
Since we haven’t had much luck growing tomato plants — they last about as long as Bubbie’s mochi ice cream in my freezer — we are often tempted to grab the plump fruits that are just hanging there, waiting for a hungry passer-by.
But we can’t.
Or can we?
It’s an age-old debate between neighbors: If your mango tree has branches in my yard, I should be entitled to the fruit, right?
Actually, no.
According to the state Department of Land and Natural Resources, if tree branches dropping leaves and fruits are located on private property, you have to contact the owner first before trimming branches or plucking fruit.
It’s not exactly law; it’s more neighborly courtesy.
But what if the fruit — as in the case with the tomatoes — are on public land — meaning, the sidewalk — then can I grab them?
Again, the answer is not really.
I mean, sure, you can grab them. But the plant — or tree or bush — still belongs to someone else. And the root of said plant is on someone’s property. So those overhanging fruits, no matter how tempting, are technically yours to take.
Then again, those leaves piling up in your yard because of your neighbor’s mango tree isn’t yours to rake up, either.
12 Comments
There was a great local short film made about this topic about two years ago. It’s called Lychee Thieves. https://lycheethieves.com We showed it at HIFF in 2009, and it went on to play at many other film festivals around the world.
Just based on the title, I already like it. 🙂
Hello Cat!
I would pick a few if it was me.
I seriously thought about it. The sad part is the birds are eating them, so they’re being wasted anyway…
Risk reward factor would dictate my decision..love the new site:)
Maybe we could dress in black and pluck ’em at night… Hmmm….
Didn’t Judge Jim Burns make a ruling many years ago, saying that anything hanging outside of the neighbor’s property is considered free to be picked?
Actually, I did find this article that addressed overhanging fruit: https://hawaii-agriculture.com/hawaii-agriculture-blog/fruits-of-labor-hawaii-news-starbulletin-com/
In response to that column, James Burns, former chief judge of the Hawaii Intermediate Court of Appeals, did point out that fruit overhanging into your property does belong to you, at least in Hawaii. He wrote this in the opinion for Whitesell v. Houlton (which I’ll spare you the details) and has since made it the “Hawaii Rule” in regard to rights of property owners versus a neighbor’s tree.
At the end of the day, though, I think it’s better to always ask and be neighborly about it. Better to get along with the people who live around you!
So, do the right thing and approach the neighbors for their permission. If they’re chicken shit, then cut the plant as it hangs thru the wall. Nah, just kidding..
Good Luck
What I want to know is what does your neighbor do to those tomato plants? Ours are always so pathetic. Then they die.
@hawaii2000: what’s the issue with the tomato plants? do they grow for a while then die out? do the leaves turn color then shrivel? do they just not grow much from the get go? repeated failure could be environmental (poor soil…maters are greedy feeders and need nutrient rich soil) nurture (too much/too little water), disease (blight can live on in soil for years and cause issues with repeated plantings in the same spot…one of the reasons for “crop rotation”).
I’m confused. The sentence “So those overhanging fruits, no matter how tempting, are technically yours to take.” So technically I can take them? If technincally I can then physically I will.