Can you give a logical answer to following ?

Question

Two houses 1 and 2 are adjacent. There is a mango tree in house no one. But the branches of this tree are over house no two such that all the fruits are available to owner of house no two. C an the owner of house 1 lodge a claim to fruits. whose claim is more . what are ur views. support ur answer by legal facts

Answer 1

In common law it is WELL established that whatever is on YOUR property belong to you.
Thus it is established that branches of the tree that intrude on your property belong to you.
For example see the case Schneck v. Podrasky 23 Pa. D. & C.2d 260 .
In that case the court held that it is OK for a neighbor to cut of the branches of the tree that were intruding n his property.
Similarly in the case at hand the neighbor #2 would have a right to pick fruit at will. Neighbor #1 however would also have the right to the fruit but to collect them he would have to commit a trespass and neighbor #2 can kick out Neighbor #1 as soon as he steps on his property. Thus Neighbor #2 has a much better claim then Neighbor 1.

Answer 2

House no.2 can object to the growth of branches into the owner's area, but not the fruits. If this objection is not raised for a long time, then the easementary right/ law prevails, and the branches will have to be tolerated, without any benefits of fruits .
But the question fo fruits "available" to owner of house no.2 does not clarify if the fruits are fallen from the tree or just within reach of plucking.. Fallen fruits can be used by No.2 house owner.

Answer 3

You have two approaches to consider.

1 - This is your neighbor. If you wish to have a civil relationship with the neighbor, consider complementing the neighbor on the tree and its ability to produce fruit. Then ask if the neighbor would mind if you occasionally enjoying some of its fruit. Asking, not laying claim.

2 - There is the direct approach. Check local ordinances, but most localities support a landowner's right to keep the air above his property clear from obstructions from sunlight. You can inform your neighbor that you will trim the branches over your house/land if you are not allowed to partake in its fruit.

In either case, you need to consider your expectation of future meetings with the neighbor. Also, you will need to check with local police or government as these laws are typically slightly different from town to town.

Answer 4

An owner of property has rights to the airspace above ones property. However the tree is a fixture on house 1's property and its presence over house number 2 represents an encroachment on owner 2's property. owner 2 has no claim to the tree but has legal right to require owner 1 to remove the encumbrance on his airspace.

Answer 5

the mango tree was grown in house number 1! the owner of the land is the owner of the tree.. the owner of the house number 2 dosent have the right to have any of the fruits

Answer 6

see mango tree takes long time to grow and give fruits.owner of house no1 hadn't complained before when its branches were spreading to house no 2. And even the owner of house no 2 hadn't objected for it.may be he didn't have any problem with those branches.now tree is giving fruits.so owner of house 1 want to claim but in my opinion he has no right to claim as he hasn't looked over it before.but yes if the owner of both the houses have common understanding then both can share fruits.both the houses have equally right to have friuts.

Answer 7

Already life is too complicated. One guy can gut the tree and the other guy can cut the branches and both can be loosers. Both should talk and sortout the matter amicably. We shall not interfere.

Court and legality is too much for such a silly matter. Life is too short to bother about such things.

Answer 8

No one owns anything. No one brought a land when he was born. No one has made a mango tree grow. Just take your share and leave the rest to the others. would there be a problem? aren't we so much wasting our precious time matters such silly as this? It is so funny that there has to be legistlation to say share your mangos!!!

Live by love!

Answer 9

Legally, the tree is yours. If it has fruits, to cut right to the point, they yours. But the fruits part of three extended to your neighbors, it's both your consent to do something about them. But if your neighbor made some profits out of your tree, he should share half of the profit with you (or little less with you since your neighbor is doing all the work.) But to make it a clear cut, your neighbor should have trim your tree or pay some one to trim your tree with you paying for the bill, because your tree extended to his property. That way everything is clear and square. If the tree causes lots of headaches for both you and your neighbor, the only solution you have is to chop down your tree altogether. That way your neighbor can no longer secretly make profits out of your tree. Good enough, yes?

Answer 10

house no 1