Read also: EASEMENT OF LIGHT AND VIEW
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Fruits naturally falling upon adjacent land belong to the owner of said land.
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If the fruits still hang on to the tree, they are still owned by the tree owner.
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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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Our neighbor wanted to trim extended branches allegedly invading their lot. But to do so, they have to enter our lot because the branches are 20 ft. high. On the day of trimming, we did not permit the hired trimmer to trim it because the said neighbor did not approach us about the matter as a courtesy for someone entering your property.
Now the said neighbor has filed a complaint in the Barangay.
We would allow the trimming if our neighbor approached us properly. But it seemed that they see it as unnecessary and let the hired trimmer to just enter our property and do his thing.
Who’s at fault?
What steps should we carry about this matter?
Thank you
Thank you for the information and feel free to come to me, I, in turn, write about culture, especially European countries.