OWNER OF THE FRUITS NATURALLY FALLING DOWN

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Fruits naturally falling upon adjacent land belong to the owner of said land.
If the fruits still hang on to the tree, they are still owned by the tree owner.
If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter does not have the right to take the matter into his own hand by cutting of the branches extending on his property.

If neighbor’s fruits fall unto your background, would you be legally allowed to pick it up and own it?

Under the Civil Code:

Fruits naturally falling upon adjacent land belong to the owner of said land.

If the fruits still hang on to the tree, they are still owned by the tree owner.

It is only after they have NATURALLY fallen, not taken down by poles or shaken, that they belong to the owner of the invaded land.

If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter does not have the right to take the matter into his own hand by cutting of the branches extending on his property. Instead, he may demand that the protruding branches be cut-off by its owner. If his demand is not acted upon, he has to go to court to seek authority for the cutting of the protruding branches. Accordingly, if neighbor’s fruits naturally fall upon your background, you are entitled to the said fruit as the owner of the land.

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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WHO OWNS THE FRUITS NATURALLY FALLING UPON AN ADJACENT LAND?

Fruits naturally falling upon adjacent land belong to the owner of said land.

If the fruits still hang on to the tree, they are still owned by the tree owner.

If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter does not have the right to take the matter into his own hand by cutting of the branches extending on his property.