Climb the ladder for 5 minutes. A handful of cherries ripe enough to pop. Zero guilt.
It’s my mistake.
According to French law, picking fruit from a branch still hanging over a fence is technically theft. Even though the branches leaned into the garden, the fruit belongs to the person who planted the tree. Only the fruits you drop on the ground are yours. I learned this the hard way. I’m looking into civil law to see if I can do the same thing next year. The law has been clear for over two centuries.
What you need to know
- Innocent actions can be reclassified as theft
- Hanging branches do not give ownership of the fruit
- Exceptions apply to common protections
Section 673 of the Civil Code
The text leaves no room for interpretation. It says that if a branch from your neighbor’s tree encroaches on your property, you can be forced to cut it down. But this is where it went wrong. There are two different ideas hidden in that article.
First, there are the branches. If they cross the property line, you can’t drive them away without permission. You cannot cut your neighbor’s branches, even if they are hanging in your garden. However, you can eliminate the root cause. Symmetrical logic. The soil is yours. The sky above is for negotiation.
- Fruits. You have no right to pick the fruit, even if the branch hangs against the common wall. One lawyer summed it up clearly: “The rotten fruit belongs to the landowner.” The same cannot be said for picking fruit from a tree. Ownership of the fruit follows the tree until gravity takes over.
Why hanging branches don’t change anything
It feels natural. You take your hand. You can’t step into your neighbor’s garden. This should be legal. This is not true.
As long as the fruit is on the tree, it belongs to the owner of the tree. The law treats trees as one, indivisible property. It doesn’t matter if the branch crosses the property line or not.
There is zero tolerance. It’s not just handpicking. Climb the ladder. Use the wand. Shake the stem to push the fruit down. All are prohibited. “Ground drop” means no human intervention. Shaking the tree is cheating. Only chance decides autumn.
This is the scary part. If you hold back, snacking can become a crime. In theory, continuous pickpocketing could be classified as theft according to Section 311-3 of the Criminal Code. The penalties are severe. The maximum penalty is three years in prison. The fine is 45,000 euros.
In fact, no court would imprison anyone for a box of Mirabel plums. These numbers are the maximum number of simple thefts. These are not phrases that come naturally to every cheater. But the fact that the law opens that door shows how seriously property rights are taken. Property boundaries are more than fence lines.
When gravity takes over, the rules change.
You can also go fruit picking.
This is true whether it falls in your garden or on a public pavement. Requires land ownership. Branches don’t matter anymore.
A neighbor who watches Mirabelle plums rot on your lawn has no legal recourse whatsoever. This is not polite. This is property law. Once separated, the fruit belongs to the person who owns the land beneath it.
When you don’t catch fish
The branches are different.
If overhanging branches block the light or throw leaves into the pool, you can’t just climb up and cut them. Not unless you want to sue.
This is clearly stated in § 673 of the Civil Code. Tree owners have a legal obligation to prune infected branches. You can force them to act. You cannot act alone.
The process is simple.
Start by talking to your neighbors. If they ignore you, send them a formal written notice (mise en demeure). This paper certificate is much more effective than immediately taking them to the local court. Let’s save the bailiff for last.
Protection exception
Hedges change the rules.
If your separation is mutual protection instead of a fence, the logic becomes mitoyenneté (shared ownership).
You can pick fruits that grow next to the common fruit tree fence. raspberries. Gooseberry bush. If the plants are divided, so are the fruits. This overrides the standard tree rules.
The reality of this line
That day I came down the ladder. No cherries in my pocket.
But the lesson remains.
Next summer I’m waiting for the wind. I also check my limits.
My peach tree runs through my neighbor’s garden. I didn’t notice it until now.
This is a small detail. But in property law, details are everything.
“Le sol fait foi, la Branche ne compte plus”
The land makes the law. The branch does not have it.
