Can I Keep the pecans that fall in my yard from my neighbor's tree? Print E-mail
Written by Kerry S. Doolittle   
Friday, 09 April 2010

The ownership of a tree is determined by the location of its trunk.

If the tree is located entirely within the boundary lines of your neighbor's property, you neighbor owns the tree, and its fruit.

Some states have even held that the owner may enter adjoining lands to gather the fruit without being guilty of trespass.

If the tree is located on the boundary line, then the adjoining land owners own the tree jointly. Although no Georgia case is directly on point, based upon the analogy of a party wall, Georgia will most likely hold that each owner owns the portion of the tree located on his side of the boundary line.
 

 
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