this post was submitted on 14 Sep 2024
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If that fruit is in a public area, then that fruit is public property, legally and socially.
In Germany at least, he is right from a legal point of view. All fruits on the tree belong to the owner of the tree. In reality probably no one cares if you take a bunch of apples.
very different laws in the US.
in the states, tree ownership ends at the property line.
once part of a tree or plant is on your property or in public property, it no longer legally belongs to the tree it is growing from.
If your neighbor's tree branches grow into your yard, the branches are your property and you can harvest from or cut down those branches up to your property line.
Americans are generally pretty cool about urban foraging, in any case.
I've had neighbors invite me on to their property to pick fruit directly from their bushes or trees just because they had so much.
are private trees or close-packed houses not very common in Germany?
property lines are often a big problem in the states where so many have their house and property so close to each other.
No one will bother you, if you take some fruits from a branch over the sidewalk. Especially in urban areas like the city centre. Still, legally it belongs to the tree owner.
In the countryside, it may get you in arguments if you take fruits from one's overgrown tree. But in the countryside there are plenty of abandoned or wild trees far away from houses, where you can pick all sorts of fruit.