Under Article 681 of the Civil Code of the Philippines, the owner of a piece of land has the right to enjoy and dispose of its fruits and products. However, this right is subject to the limitations and restrictions established by law. In general, you do not have the right to appropriate or own the fruits of your neighbor’s tree that extends into your backyard without their permission.
If the branches or roots of your neighbor’s tree are encroaching into your property, you have the right to trim them but not to appropriate the fruits without the owner’s consent. It’s always advisable to communicate with your neighbor and try to reach an agreement regarding the use of the fruits or any other issues related to the encroaching tree.
The fruits that fall naturally onto adjacent land rightfully belong to the owner of that specific land. As long as the fruits remain attached to the tree, they are under the ownership of the tree owner. Only after these fruits have naturally fallen, without any assistance such as the use of poles or shaking, do they then become the possession of the owner of the invaded land.
Keep in mind that legal interpretations may vary, and it’s recommended to consult with a legal professional for advice specific to your situation and the most up-to-date legal information.
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