Last Updated on January 24, 2025
When you see a sun-ripened fruit hanging from the branch, it’s natural to want to pick it. But if the tree doesn’t belong to you, take a minute to evaluate the situation first. While you’re usually allowed to harvest from public trees, the law is more complex when it comes to plants located on private property, and the rules vary based on your state.
Is it Illegal to Pick Fruit From Public Trees?
Because picking fruit doesn’t usually harm fruit trees, which would otherwise drop the fruit, courts around the nation have generally held that picking fruit from public trees is legal. However, if you damage the tree in any way while harvesting the fruit, this is a crime, punishable by up to 6 months in jail.
Can I Pick Fruit on Private Property From a Public Sidewalk?
It depends on where you live. In Florida, for example, any part of a tree, including the fruit, belongs to the property owner until it falls from the tree to the ground. On the other hand, in California, courts have consistently ruled that if fruit is hanging over the property line onto the sidewalk, then it is up for grabs. Again though, you can be charged with a crime if you break or cut the stem to get the fruit, as this is considered to damage the tree itself.
Is it Legal to Pick Fruit from a Neighbor’s Tree Hanging Over My Fence?
In this case, courts have ruled that you can not only pick the fruit, but even trim the tree, as long as it crosses over the property line and into your yard.
Is it Illegal to Take Fruit From Someone’s Tree That Doesn’t Cross a Property Line?
Absolutely. However, entering that property to take someone else’s fruit is a form of trespassing, and harvesting fruit from a tree not reaching over the sidewalk is theft. Since it would be difficult to take more than $950 worth of produce (even pricey ones like avocados, passion fruits, and figs), most fruit thieves will be charged with petty theft, punishable by up to 6 months in jail and $1,000 in fines.
If you see a tree bursting with fruit and none crosses onto the sidewalk, you don’t have to swear it off completely —just ask them. Many people are willing to give these away to those who ask nicely. If they say “no,” however, politely leave the premises and respect their decision so you don’t face legal consequences.
Taking Fruits From Farms and Orchards
However, if you take more than $250 worth of fruit, vegetables, or fowl from a working farm or orchard, you can face grand theft charges due to a unique portion of the legal code written exclusively to protect farms.
San Diego County has a thriving avocado-growing industry in North County. While you may be tempted to snag a couple of avocados while driving through Fallbrook, don’t mistakenly think taking a few bags of avocados from a farm will go unnoticed. Police and prosecutors treat avocado theft seriously, so just hit the Vista or Fallbrook Farmer’s Market to get these creamy treats instead.
When to Call a Lawyer
If you have any questions about whether taking fruit or cutting a tree is legal, call a criminal attorney rather than risk any civil or legal repercussions. If you are accused of harming a plant or stealing produce, a lawyer can be critical in defending you and will often be able to have the charges dropped in exchange for paying restitution to the victim. You can schedule a free initial consultation with Peter M. Liss by calling (760) 643-4050.
