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When does picking fruit constitute theft?

Texas has no specific laws about taking flowers or fruit from private property, but taking them could be considered theft or trespassing under existing property laws.

Published June 26, 2024 at 12:16pm by Brandi D. Addison


Here's the concise rewrite of the news article:

Whose Fruit is it Anyway? The Legal Battle over Hanging Fruits in Texas

The Dilemma: Texans are debating the legality of picking fruits from trees that hang over public spaces or private properties.

Complex Laws: While most Texas cities lack specific ordinances, property owners are mandated to maintain vegetation encroachments, and as attorney Jedediah Mannis noted, fruit ownership belongs to the tree owner, even if branches hang over another property.

So, When Can You Pick?

  • Not Without Permission: Generally, it's not legal to pick fruits without the owner's consent, even if accessible from public spaces or your yard. It could be considered petty theft.

  • The "Boundary Tree" Exception: If a tree straddles a property line, it's a "boundary tree," giving all adjacent property owners shared ownership, including rights to the fruit.

Fallen Fruits:

  • Still a Legal Grey Area: Most attorneys agree that taking fallen fruit without trespassing is legal, but this doesn't address the "boundary tree" issue.

  • Online Opinions Vary: A Los Angeles Times survey found varied responses: 62% approved taking fallen fruit in their yard, 51% from public spaces, and only 8% said never.

Practical Advice:

  • Communicate: Rather than legal battles, Jedediah Mannis and survey responses suggest communicating with neighbors to establish boundaries and guidelines.

  • Etiquette Over Law: The Los Angeles Times survey respondents prefer asking permission (60%) or only taking with an offering sign (28%).

The debate continues, but for now, it seems etiquette and communication are preferred over legal complexities when dealing with hanging and fallen fruits.

Read more: Is it ever OK to pick fruit from your neighbors property? Here's what Texas law says