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Bearing the Fruit of Thy Neighbor

By
Real Estate Agent with Liberty Homes RS-#62825

Well, we could sneak around in the middle of the night and pick the fruit that's hanging over in our yard or throw the branches and leaves back into the owner's yard because they are littering our yards. OR we can just 'bear the fruit of thy neighbor'.

There are ‘known' facts that if your lychee tree (or any fruit tree for that matter) with branches that are  bearing fruit  are overhanging in the neighbor's yard, the fruit belongs to the owner of the tree. BUT there are no laws saying it is so.

Now, if your neighbor's palm tree (or any other tree for that matter) is hanging over into the your yard it is customary to ask if you can trim the branches. If they don't agree then it is within your right to trim them. After all if the ‘mess' from your neighbor's tree falls in your yard it IS your responsibility to clean it up.

HUH?

What kind of @#$%^& is that?  Why should I have to clean up after everyone else's mess? I didn't plant the darn tree and they're the ones who should be cleaning up their mess.  I don't like mangoes so why should I have to clean up their mess and cut their branches?

When purchasing a home you, the buyer, drive around the neighborhood during the evening to check out the 'goings on' because after all you'll be living in that neighborhood and next to "them" for years to come. At the same time, I suggest that you check on those trees overhanging the property from the neighbor's yard to the property you're about to purchase as well.

Because after all, being neighborly means picking up after their mess should THEY decide they don't want to be neighborly and pick up their own.

....Now...big giant roots that are coming from the neighbor's giant coconut tree and cracking the boundary wall are a totally different story.

.....and so is your safety when it comes to falling coconuts.

Posted by

                                                       

 

Celeste "Sally" Cheeseman  is a Realtor-Associate® and Certified Residential Specialist (CRS) with Century 21 Liberty Homes in Mililani, Hawaii. With a sharp understanding that a listening ear is the key to a client's needs  she serves the island of Oahu (Honolulu County) and all Hawaii Military Relocations, Hawaii Retirees, Hawaii Job Transfers and Hawaii Residents, Home Buyers and Sellers.

 

 © 2007-2015 Celeste "Sally" Cheeseman's

Hawaii Real Estate and Relocation Blog.

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Comments(18)

Tish Lloyd
BlueCoast Realty Corporation - Wilmington, NC
Broker - Wilmington NC and Surrounding Beaches

That whole Bearing the Fruit of Thy Neighbor can just go on and on and on.  Whew! 

Aug 03, 2010 07:57 AM
Dawnita Griffith
Meadow Lake Real Estate, LLC - Pinedale, WY
It does matter who you hire.

Sally, I loved this post.  It makes you think of all of the things that go with home ownership and having neighbors.  Maybe we should do more "Pick your neighbor" campaigns on our listings.  Your post was fun, thought provoking and makes me wish I lived some where that a tree grows especially a coconut tree.

Aug 03, 2010 08:13 AM
Cynthia Larsen
Cotati, CA
Independent Broker In Sonoma County, CA

It doesn't stop at trees, either. My neighbor has a vine next to our shared fence. It waterfalls over to our side. Oh well, at least we get more blossoms on our side than they do.

Aug 03, 2010 10:20 AM
Rita Fong
RE/MAX REAL ESTATE TODAY, Executive Broker 901-488-9590 - Marion, AR
Realtor - Marion Arkansas Homes for Sale

Sally, that's right.  A not so good neighbor can make lots of things sour in daily life.

Aug 03, 2010 10:24 AM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

Tish...that's for sure!

Dawnita:  Coconuts falling on your head can kill...I'm super careful...especially with the sign above...that was on Kauai with MANY coconut trees at the park.

 

Aug 03, 2010 10:42 AM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

Cynthia: That's great that you can enjoy blossoms. My mom had a 40 ft. norfolk pine smack next to her wall...it started cracking her wall....after years of picking up the mess that came into her yard.

Rita: I wonder how many buyers actually drive around to see what kind of neighbors are next to the home they're thinking about putting an offer on.

Aug 03, 2010 10:58 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Sally wait until they come out in the yard and then CHOP it down ......... LOL

Aug 03, 2010 10:59 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Sally - I love the messaeg in this post, and it's well worth keeping in mind. Another inssue is who owns the adjoining fence? You, them, or both of you.

Jeff

Aug 03, 2010 11:28 AM
Ken Barker Realtor® GRI, E-Pro Certified
Dilbeck Real Estate - Burbank, CA

Sally - Personally I would welcome a coconut tree hanging in my yard. But you are right. I see some huge issues with some of my past clients. And I told exactly what you said. Ask and then you have the right.

Aug 03, 2010 04:19 PM
William Johnson
Retired - La Jolla, CA
Retired

Woo Hoo, I haven't even read the whole post and I suggested this on the strength of the fantastic title alone, LMAO. I finish reading this and probably leave another comment. LOL.

Aug 03, 2010 06:33 PM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

lol @ George...that would be soooo ...slap in the face.

Jeff: Depending if it's a zero lot line or a regular with 6 inches on both sides of the boundary line.

Ken: I don't think you'd like the coconut falling though....be careful underneath!

William: LMAO and you LYAO!

 

Aug 03, 2010 06:40 PM
William Johnson
Retired - La Jolla, CA
Retired

Woo Hoo, I love this post and it is so true. For years I hated where I lived because the neighbors Eucalyptus dropped enough leaves that it was a daily chore to clean the waterfall and the pond.

So I found a home on a golf course and today I clean up enough Eucalyptus leaves by the end a week to fill a large trash can. I have written and asked nicely for them to cut down these diseased tress with a sticky substance on the leaves that actually stick to the patio. In other words you can not just sweep up the leaves.

At least the first place , the leaves  weren't diseased.

Aug 03, 2010 06:50 PM
Randy L. Prothero
eXp Realty - Hollister, MO
Missouri REALTOR, (808) 384-5645

Coconuts are a liability.  So are many other destructive trees.  It is important to what type of trees they are and whether they will be destructive as they grow bigger.  We had to remove several trees that were causing damage.  They were replaced with more appropriate trees.

Aug 03, 2010 07:22 PM
Susan Neal
RE/MAX Gold, Fair Oaks - Fair Oaks, CA
Fair Oaks CA & Sacramento Area Real Estate Broker

It is sad but true that your neighbor's mess is your responsibility if it lands in your yard. 

We had a big windstorm last winter and our neighbor's tree fell.  It was a large tree and it took out the fence between our yards and landed in our yard on the solar panels we use to heat our pool. We had already drained the panels for the year so they wouldn't freeze, so we didn't know whether there had been damage to them. 

We contacted the neighbor and his response was that he had called his insurance company and they told him that it was not his problem and they would not pay for it - the homeowner in whose yard the tree falls is the one who has to clean it up.  Our insurance company had to cover us for half the cost of the fence repair and the cost of getting someone to cut up and remove the tree. 

Last week we fired up the solar panels for the summer season and there are several leaks, so we have to call the insurance adjuster back out to add to our claim.  Moral:  Watch out for potentially dangerous trees before they fall!

Aug 03, 2010 07:28 PM
Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Clearwater, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor

Cute post yet it makes the point - check that property prior to purchasing!

Aug 04, 2010 01:54 AM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

William: Wow...now that is a chore....all unnecessary if people take care of their own trees ya know?

Randy: I'm glad they cut down the diseased trees in our area....I donated a palm to take it's place and now its grown like a weed to make shade for my bedroom window :)

Susan: No kidding!  Falling trees, coconuts etc...beware and be careful!

Barbara:  YUP!

Aug 04, 2010 04:05 AM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

Sally,

I'm originally from Michigan, we have "weeping willows" in the fall they drop the "weeping" parts. They can't be raked. You get two choices pick them up by hand or use a pitch fork. Worse, there's no use for them and they don't smell good burning.

Those d... trees almost always grow next to property lines! Walnuts and apple trees are normally just out of reach.

In Las Vegas we learn to hate neighbor's palms. Sai la vie.

Bill

Aug 04, 2010 04:55 AM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

Hey Bill!  Of course the fruit is out of reach!  There's a house in my old neighborhood whose lychee tree is abundant in fruit and smack in the middle of the yard.

Aug 04, 2010 04:59 AM