The Truth About Picking Fruit from Your Neighbor’s Tree in Arizona

I once read that when syndicated columnist Dear Abby began her newspaper feature, some of the questions she got most often were about the ethics of fruit, trees, and property lines.

A typical question asked, "If a neighbor has a fruit tree that spans your property line if the apples fall in your yard, is that your fruit? Or does it belong to your neighbor?"

What about strolling around your neighborhood? Is it ever okay to pick a piece of fruit from a tree or off the ground while you're walking around, or is this considered stealing?

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Is It Legal or Ethical to Pick Fruit from Your Neighbor’s Fruit Tree in Arizona?

The Dear Abby newspaper column began in 1956. Even though a lot has changed since then, the question still hangs: “Can I pluck that juicy fruit from this branch if it's not my tree?”

What are the legal and ethical nuances of picking fruit from a tree that doesn't belong to you in Arizona?

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According to ARS 13-1504, if you enter someone's property and pick fruit, it's trespassing, which makes sense.

So, who owns those overhanging tree branches? In Arizona, the overhanging tree branches and fruit belong to the tree’s owner.

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So, if the branches extend into a public space or into your yard if you pick the fruit without the tree owner's permission, it could be considered stealing. Before picking fruit off a tree, it's a good idea to get the owner's permission.

Is it Okay to Pick Up Fallen Fruit in Arizona?

What about fruit that falls into your yard or onto a public sidewalk?

In Arizona, fallen fruit is kind of a gray area. While some legal forums suggest it might be okay to eat fruit that has fallen into your yard, it's a good idea to think about who owns the tree.

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The best advice is to just ask your neighbor before gathering fruit, no matter where it is. If fruit falling into your yard is a problem, talk to them about pruning the branches. A little neighborly goodwill can go a long way. I'm sure even Dear Abby would advise you to take the high road.