Question

You have a fruit tree near the edge of your property. It has grown at an angle so that some of the tree is over your neighbor’s yard. Now, the fruit falls mostly on your neighbor’s property. There is a fence between your yard with the tree and your neighbor’s yard, so that the ownership of the land is clear and not in dispute.

A.     Based on the principle (explain what this principle says) from the Boston Water reading, explain who should own the fruit that falls onto your neighbor’s land.

B.     Based on the principle (explain what this principle says) from Pierson v. Post, explain who should own the fruit that falls onto your neighbor’s land.

Answer 1

(A) The fruit is owned by owner of tree. By Dividing Fences and Tree Act of 2011 regulate overhanging trees. If branches grow over neighbor side, they have right to cut them. If tree have fruit on the tree, the fruits are belong to owner of tree. According to Massachusetts law, property owner can cut the branches of tree that belong to his level at the property line. But fruits belonging to the owner of tree.

(B) According to Pierson v Post , Post pursuing a fox.But Pierson follow the same fox and killed it. The right of thrq fox goes to Pierson. Because of this the the fruit on neighbor tree also own the another one, the also belonging to his land.