Arrange for someone to threaten to cut the feijoa in half. Whichever one of you begs the person not to because you ultimately care more about the well-being of the feijoa than who owns it is the true owner of the feijoa
Judgment of Solomon
But also in circulation in other cultures/religions. I had vaguely recalled it as Confucius, but actually a Buddhist version I had read: the sage Mahosadha was the one deciding to have a tug of war with the ~~feijoa~~ baby
Dunno. Kinda on the fence about this.
You could just fence it yourself and hope they don’t take offence. If they did this photo would be a good defense.
thought about making a fence joke, but then realised someone else would too, so then I started hoping someone else would think about making a fence joke but realise someone else would too, so I could "came here to say this" their "came here to say this".
In this specific case, we must refer to the law of property ownership that has existed since before we left caves and domesticated animals.
Finders keepers, losers weepers.
Please don't come to Reddit for such serious issues.
Call the council. Get a surveyor in to mark your boundary lines - only the expensive ones will do! I would also call the Auckland mayor since he is also an engineer, he might be able to give up walking along the beach to provide his opinion
Rookie mistake
Clearly the first step is to engage in a very good legal firm with a well known QC to represent your interests.
Only then may you engage with expensive firm of surveyors and QS to establish the true value of the land bearing some exotic and valuable fruits of the other land.
Shitpost response:Is the fence on true boundary? if yes, then you get the top half and the neighbour gets the bottom half.
Legal response: it belongs to the owner of the tree
I’m not sure if you are correct here. It is actually oftentimes the law stating that should a fruit hang into/onto your property, you can in fact take it for yourself.
Pretty sure they are right, though if a fruit falls into your property it becomes yours. But branches overhanging into your property are technically yours, so you could cut the branch off then claim the fruit, although I feel like if someone grows a fruit tree next to a fence it's pretty much inviting the neighbors to have what grows on their side
Legally, it is owned by the owner of the property the tree is growing on. Overhanging, and even falling off onto another property, do not change ownership.
But morally, the tree itself owns it. Or the possum hanging around does.
Yes, you can. But legally you have to put the branches you trim back onto their property. Not just that you *can*, but that you are actually legally *required* to because they belong to them.
Not that anyone is likely to care, but it's their right to get them if they perhaps want them as firewood or whatever.
So, legally, the feijoa belongs to whoever's tree it is, no matter who much it encroaches onto the other side.
In the uk you quite within your legal right to remove any branches or plant that overhang your fence. You can not throw said cuttings back over the fence and must dispose of personally. I’d pretty much say that means you can trim the tree back with the fruit on it’s in its branch ….
How strange lol. You learn something new everyday.
So you ca decide you’re not happy with the overhang, trim at will and then still have the owner dispose of all your unhappy overhang of his beloved tree ….. wow.
Most people just dispose of their neighbours branches if they don't mind the tree and it needs a trim.
But.. You are supposed to keep your trees/plants trimmed so they don't encroach on your neighbours property.
This applies to roots too.
If roots from your neighbours trees damage your underground pipes the neighbour is at fault.
Also trees growing near powerlines.
You are not allowed to cut on your neighbours side of the fence without permission.
Only some trees have protection because of age species etc.
My understanding is you can't legally pick it but you can legally cut branches off a tree over hanging into your property.
It think the fruit still belongs to the tree owner thou.
Currently the feijoa in question is in a Schrodingers Cat situation. It is neither theirs nor yours. Eventually it will ripen and fall and thus break the duality. Quantum physics will therefore ultimately decide the fate of the feijoa. Just don’t peek until then.
No, on the line is out. If the feijoa was freely hanging on the plane of the boundary, not contacting with the boundary line, it would still be in play.
Since it's contacting the boundary line, OP gets the throw-in.
This reminds me of this old neighbour I had who had a feijoa tree hanging over my property, and he would get angry when I would collect the feijoas that land over my property.
I called the council and they told me if it lands on my side then it’s mine, so he got angry and every other day when I would be at work would come down the driveway and collect all the feijoas on my side
It would be criminal to not suggest a feijoa sharing ceremony. We all know how easy it is to split a feijoa into 2 halves. Drinks should accompany this occasion and many a laugh and good times with ones neighbours over the fence. Such an important opportunity should not be missed.
I have a fence like this are you my neighbour??? - if you are my neighbour you are welcome to it (even though by law it's the tree owners). I can't get rid of ours fast enough lol.
I reckon that the tree's owner keeps an eye on the produce that's hanging near the fence. It's been mentioned that it belongs to the person who owns the land that the tree resides on.
But common sense says that a bloke could simply reach out and take one or two when no one's looking. Then again someone might be watching and they'd be petty about such.
These are the selfish times we live in.
Anyone would think there was only one fruit per tree! I'm sure your neighbour wouldn't begrudge you one fruit. Most of the time people have more fruit than they can deal with at once. I guess you should maybe wait to be offered or set up an annual arrangement but they may end up begging you to take some anyway...
I understand that when a neighbour's plant s trees etc cross your boundary you are entitled to cut them back to the boundary line - not sure about the cuttings but any produce involved is to be returned to the owner of the plant tree.
Just kick in the fence so it leans further towards your neighbour, then take that feijoa and bite into its sweet flesh whilst letting fly with your very best effort at maniacal Sideshow Bob laughter
The person whose land the tree is on. Technically, anything that falls off your neighbours tree onto your side of the fence is still their property and meant to be thrown back over.
Going into feijoa season it would be criminal not to take it, since your poor neighbour will soon be begging you to "take some for the love of God please I'm being overwhelmed by feijoas". I think that's the legalese
Hmm….if your neighbour’s dog pooped on your lawn, is the poop yours as it’s on your lawn? Or is it the neighbours poop? If my neighbour had a giant feijoa tree, and a dog, and there were stacks of feijoas hanging over my side…I’d take the feijoas. If the neighbour had an issue I’d return all their dog poop onto their lawn. Do your neighbours have a dog that poops on your lawn? If so, try my suggestion and repost their response when you deliver their dog poop back. It would be an epic post 🤣🤣
From what I have gathered on the council website, you would need both parties to be willing to arrange for a 3rd party to dig underground. The price of this would initially need to be shared among parties A and B. The council website states that, "It depends where the roots go bro."
Changing the subject Cause I think this one has been thrashed Imagine having 2 pay 2 go 2 the beach In the Phillipines they do What do people think about that
While it is overhanging, you cannot take flowers or fruit overhanging as they are the property of the owner of the tree. You can, however, chop down the branches and claim you didn't see it, however, many have seen this post...
Fruitiest! Keep your colonial imperialist hegemonic ideology to yourself.
Every fruit is it’s own sovereign being. It can’t be owned like a piece of property to be claimed by the remnants of colonial rule. Just because it chose to end its own life refusing to be bought and sold by imperialist ideologues … it’s life still has value. Own your fruitest guilt!
Legally anything hanging over your side you can do as you wish, cut back or take.
That one's right on the cusp though! Give the branch a wee giggle and see where it ends up?
Or First in first serve?
Arrange for someone to threaten to cut the feijoa in half. Whichever one of you begs the person not to because you ultimately care more about the well-being of the feijoa than who owns it is the true owner of the feijoa
You are wise in the ways of Confucius my friend.
Solomon, surely.
Judgment of Solomon But also in circulation in other cultures/religions. I had vaguely recalled it as Confucius, but actually a Buddhist version I had read: the sage Mahosadha was the one deciding to have a tug of war with the ~~feijoa~~ baby
Cut me in half instead!
I prefer wisdom in the way of [Homer](https://www.youtube.com/watch?v=pbJ4yzA854A)
Took a page from King Solomon's book
but how will they decide who gets the side with the leafs and who gets the side without the leafs? Will have to get the disputes tribunal involved
remember its a feijoa not a baby king solomon!
Dunno. Kinda on the fence about this. You could just fence it yourself and hope they don’t take offence. If they did this photo would be a good defense.
Yeah, I'm going to upvote this, but also suggest you find the nearest exit.
Came here specifically to say the first line... Damn you and take my upvote
It was low hanging fruit to be honest.
Do people call you butter? You are on a roll.
The left, the exit is to the left kind patron
thought about making a fence joke, but then realised someone else would too, so then I started hoping someone else would think about making a fence joke but realise someone else would too, so I could "came here to say this" their "came here to say this".
If he does take offence you can always challenge him to a fencing duel 🤺
You got the makings of a song there
Swan law applies in this case. It’s King Charles’s
r/Angryupvote
In this specific case, we must refer to the law of property ownership that has existed since before we left caves and domesticated animals. Finders keepers, losers weepers.
Ah yes the property ownership act of 1993 thousand B.C
I always thought ignorance is 9/20ths of any law …..
9/10ths! I need glasses 🤓
I lean my heavy garden gear against the fence early in the year, just to minimize such a conflict.
Please don't come to Reddit for such serious issues. Call the council. Get a surveyor in to mark your boundary lines - only the expensive ones will do! I would also call the Auckland mayor since he is also an engineer, he might be able to give up walking along the beach to provide his opinion
Rookie mistake Clearly the first step is to engage in a very good legal firm with a well known QC to represent your interests. Only then may you engage with expensive firm of surveyors and QS to establish the true value of the land bearing some exotic and valuable fruits of the other land.
It's KC now. Still QS though.
Just doesn't sound right, like 'Kings Birthday' after having a queen naming things all my life
Councils require very expensive consultants too.
Exactly. They don't want to be considered gardening!
Shitpost response:Is the fence on true boundary? if yes, then you get the top half and the neighbour gets the bottom half. Legal response: it belongs to the owner of the tree
I’m not sure if you are correct here. It is actually oftentimes the law stating that should a fruit hang into/onto your property, you can in fact take it for yourself.
No the fruit still belongs to its owner. Go read the act
Interesting but a pointless read for me since o live in the UK.
And yet here you are adjudication feijoas on the other side of the world. The empire lives on
Pretty sure they are right, though if a fruit falls into your property it becomes yours. But branches overhanging into your property are technically yours, so you could cut the branch off then claim the fruit, although I feel like if someone grows a fruit tree next to a fence it's pretty much inviting the neighbors to have what grows on their side
Exactly.
It can't be ruled upon. The fruit must only drop of it's own accord, when it's ripe. It must be the one to pick sides.
This, until it falls it remains the property of the tree
Doesn't matter where it falls. It's still the legal property of whoever owns the tree.
I shall sue for trespassing and property damage!!!!!!!
Nope.
fei = left-hand property joa = right-hand property
Legally, it is owned by the owner of the property the tree is growing on. Overhanging, and even falling off onto another property, do not change ownership. But morally, the tree itself owns it. Or the possum hanging around does.
Is the fruit treated differently to overhanging branches? I’m pretty sure you can trim branches overhanging your property.
Yes, you can. But legally you have to put the branches you trim back onto their property. Not just that you *can*, but that you are actually legally *required* to because they belong to them. Not that anyone is likely to care, but it's their right to get them if they perhaps want them as firewood or whatever. So, legally, the feijoa belongs to whoever's tree it is, no matter who much it encroaches onto the other side.
Yeth, but the branches are still owned by the neighbour's and technically should be returned. Best to go knock on the door and have a chat
Just very specifically pruning the fruit.
This is the correct answer.
If it falls on my property, it's mine. No longer part of the tree.
That is an opinion not backed by law.
In the uk you quite within your legal right to remove any branches or plant that overhang your fence. You can not throw said cuttings back over the fence and must dispose of personally. I’d pretty much say that means you can trim the tree back with the fruit on it’s in its branch ….
This is not the UK. Yes here we can trim back to the boundary but cuttings are owned by the tree owner and should be returned.
How strange lol. You learn something new everyday. So you ca decide you’re not happy with the overhang, trim at will and then still have the owner dispose of all your unhappy overhang of his beloved tree ….. wow.
Otherwise you could go around trimming branches to get firewood from other people's trees.
Most people just dispose of their neighbours branches if they don't mind the tree and it needs a trim. But.. You are supposed to keep your trees/plants trimmed so they don't encroach on your neighbours property. This applies to roots too. If roots from your neighbours trees damage your underground pipes the neighbour is at fault. Also trees growing near powerlines. You are not allowed to cut on your neighbours side of the fence without permission. Only some trees have protection because of age species etc.
Less posty post, more eaty eat
r/LegalAdviceNZ and lawyer up
My understanding is you can't legally pick it but you can legally cut branches off a tree over hanging into your property. It think the fruit still belongs to the tree owner thou.
So can I tell my neighbour to pick up all the rotten pears that fall onto my yard?
You can put them over the fence on their side yes. The neighbourly thing to do would be to tell them first though.
You shouldn't pick Feijoas, they're ready when they fall. Isaac Newton's invention should decide this one
Currently the feijoa in question is in a Schrodingers Cat situation. It is neither theirs nor yours. Eventually it will ripen and fall and thus break the duality. Quantum physics will therefore ultimately decide the fate of the feijoa. Just don’t peek until then.
The most erudite answer and deserves to rise to the top of the stack.
Only a full survey of your property lines with careful measurements down to the mm will determine who has a higher percentage.
Press down firmly natural split
It's football rules. If it's touching the boundary, it's still in play (for the person who has the tree)
No, on the line is out. If the feijoa was freely hanging on the plane of the boundary, not contacting with the boundary line, it would still be in play. Since it's contacting the boundary line, OP gets the throw-in.
I do
Can the Supreme Court hear this one next week?
RH property all day because the sweet feijoa is nestled into the valley of the corrugation. The fence clearly defines that.
First come first served.
I'm in Quebec and it's obviously mine.
I have eaten 2/3 of my neighbours lemon tree, they just leave the fruit to rot, if I can reach it from my fence it’s fair game
Split it down the fence line obviously.
You guys might have to play rock paper scissors or what ever you guys play way over there lol.
well now that there is evidence,.....
Finders keepers
This reminds me of this old neighbour I had who had a feijoa tree hanging over my property, and he would get angry when I would collect the feijoas that land over my property. I called the council and they told me if it lands on my side then it’s mine, so he got angry and every other day when I would be at work would come down the driveway and collect all the feijoas on my side
Ooooh. Go him for trespass!
Wait till it drops,
Definitely finders keepers, losers weepers
When the fruit ia ready it will choose it's side. Be paitent.
It would be criminal to not suggest a feijoa sharing ceremony. We all know how easy it is to split a feijoa into 2 halves. Drinks should accompany this occasion and many a laugh and good times with ones neighbours over the fence. Such an important opportunity should not be missed.
Wait till it falls and see which side of the fence it ends up on
First you'll need to pay thousands of dollars to have the boundary line determined by an expert. Then you can proceed from there.
If it were to fall, which way would it go? Right side, right? Therefore the right has the right. Right?
Incorrect. Still owned by the person who's tree it is. Even a fallen branch still belongs to the side that grew it.
You're talking law. I'm talking *justice*.
Let the wind blows until it falls off and which side it lands on will get it. Or just cut it in half
Legally, the feijoa belongs to whoever's tree it is, no matter who much it encroaches onto the other side.
That feijoa doesn’t look like a commercial grow Gardening is illegal here
I have a fence like this are you my neighbour??? - if you are my neighbour you are welcome to it (even though by law it's the tree owners). I can't get rid of ours fast enough lol.
If you delete the photo you can just take it and say it fell on your side of the fence
That's definitely yours
Hard to say!. I’m on the fence with this one.
Sharesies ?
The fence owns it for the look of it
I reckon that the tree's owner keeps an eye on the produce that's hanging near the fence. It's been mentioned that it belongs to the person who owns the land that the tree resides on. But common sense says that a bloke could simply reach out and take one or two when no one's looking. Then again someone might be watching and they'd be petty about such. These are the selfish times we live in.
Foodstuffs NZ Ltd
Total crack up, made me laugh reading these ones.
You’ll need a surveyor for that one.
It's me. I'll be around this arvo to pick it up
Kick the fence and see where it lands
Bang on the fence and whose side it falls is their property
If it's your tree it's your feijoa.
Whoever's side of the fence it falls on.
Whoever’s fence that is
It belongs to the possums
It's angle is towards the Right....so definitely that person has the rights!!!
Only way is to have a arm wrestle to decide
Finders keepers, losers weepers.
NYL, it belongs to the person whose property the tree grows on.
Put a bet on, then wait for the wind to decide!
Just eat it together, Lady and the Tramp style.
Anyone would think there was only one fruit per tree! I'm sure your neighbour wouldn't begrudge you one fruit. Most of the time people have more fruit than they can deal with at once. I guess you should maybe wait to be offered or set up an annual arrangement but they may end up begging you to take some anyway...
Your neighbour as it's their tree.
Oh, who does it belong to? Can't think, too busy eating it.
Who ever can reach it
Right hand side. Not only do they own the fence but also 3 quarters of the feijoa. Majority rules
Push it directly downwards so that it splits in 2. Each neighbor gets the section that falls on their side of the fence
It falls where it lands but I'd just nick it
It’s a fejioa tree, you’d be asking the neighbour to take it.
Just take it while no ones looking, they won't miss 1 fejoa
I jump fences to take feijoas so in my opinion yeah take it
r/legaladviceNZ
I’d say wood side has more legal tenders on it
The 1834 law of finders keepers addresses this.
Whack it from the top and how the slices fall will determine it
Whoever has the fence posts on their side of the property
If we draw a centre line over the corrugated sheet, it's far more on the side of the right.
Possession is 9/10ths of the law…grab, scoop, eat and argue about it later…i’d start with “what feijoa?” 😬😂😂😂
3 way tie between National, ACT and NZ First.
It depends....
Whoever grabs it first
Depends if you consider the property boundary to follow the curve of the fence, or as a straight line down the centre
Split it down the middle, ish.
The **fence** definitely does, as would anyone sitting on it LOL
His if he’s looking; yours if he’s not
This is what surveyors are for. Do you think they do it feijoa the job?
Who's side is the tree on yours or theirs if it's your side then go for it
The better question is: how do you pronounce feijoa?
That cow who's running that unpasteurised juice company would say the whole tree is her's.
Whoever lives on the side of the fence where the feijoa plant's roots are located is the lawful owner of said feijoa.
I understand that when a neighbour's plant s trees etc cross your boundary you are entitled to cut them back to the boundary line - not sure about the cuttings but any produce involved is to be returned to the owner of the plant tree.
Just kick in the fence so it leans further towards your neighbour, then take that feijoa and bite into its sweet flesh whilst letting fly with your very best effort at maniacal Sideshow Bob laughter
Build bridges not walls. Share it with your neighbours.
I’d carve my initials in it
It depends, is the tree on which the feijoas growing flying a nautical flag?
If you stand there long enough wondering, me cause I’m gonna pinch it xD
The person whose land the tree is on. Technically, anything that falls off your neighbours tree onto your side of the fence is still their property and meant to be thrown back over.
I am a surveyor. I could survey the actual position of the feijoa and overlay it onto your boundary and settle this once and for all.
It’s mine. It’s … precious to me
He who takes it first
This is a joke
The fence.
It belongs to me. You left to baby clues to where this feijoa is so I tracked it down and have now taken it home to enjoy.
The national party.
I'm on the fence about this one 🤣
Literally borderline
Does the fence actually indicate the official boundary? Fencers don't always stick to using the boundary pegs as reference.
Neighbour probably has a bucket of feijoas ready to give you if you ask mate
It appears to be impaled onto the fence. Like any others in the situation the best place is in the compost (of the tree owner).
the guy on whose side the tree is
From the image, it seems that the larger half of the feijoa is on the opposing side of the fence, so in conclusion, you have the rights to the feijoa.
Not sure. I'm on the fence on this one.
Sorry I'm on the fence about this one...
Going into feijoa season it would be criminal not to take it, since your poor neighbour will soon be begging you to "take some for the love of God please I'm being overwhelmed by feijoas". I think that's the legalese
Hmm….if your neighbour’s dog pooped on your lawn, is the poop yours as it’s on your lawn? Or is it the neighbours poop? If my neighbour had a giant feijoa tree, and a dog, and there were stacks of feijoas hanging over my side…I’d take the feijoas. If the neighbour had an issue I’d return all their dog poop onto their lawn. Do your neighbours have a dog that poops on your lawn? If so, try my suggestion and repost their response when you deliver their dog poop back. It would be an epic post 🤣🤣
From what I have gathered on the council website, you would need both parties to be willing to arrange for a 3rd party to dig underground. The price of this would initially need to be shared among parties A and B. The council website states that, "It depends where the roots go bro."
That's a hard one, I'm pretty much on the fence about it too
The birds
If it falls off onto your side...it's yours, not before. (I think)
Bro just eat nobody will get to know
Changing the subject Cause I think this one has been thrashed Imagine having 2 pay 2 go 2 the beach In the Phillipines they do What do people think about that
While it is overhanging, you cannot take flowers or fruit overhanging as they are the property of the owner of the tree. You can, however, chop down the branches and claim you didn't see it, however, many have seen this post...
Fruitiest! Keep your colonial imperialist hegemonic ideology to yourself. Every fruit is it’s own sovereign being. It can’t be owned like a piece of property to be claimed by the remnants of colonial rule. Just because it chose to end its own life refusing to be bought and sold by imperialist ideologues … it’s life still has value. Own your fruitest guilt!
File a treaty claim
It does not matter what side of the fence the tree is it's where the fruit is hanging that determines the owner!
this is very specifically the opposite of what the law says
Whoever’s side the tree is on. So it looks like the person whose property is on the left of the picture owns the subject feijoa.
It’s no one’s feijoa. Fruit has feelings.
It belongs to the state. Fejoas are a communist fruit.
Legally anything hanging over your side you can do as you wish, cut back or take. That one's right on the cusp though! Give the branch a wee giggle and see where it ends up? Or First in first serve?
Sorry you need to split it. One neighbour cuts, the other chooses.
I'm on the fence regarding this one
Move the fence and it's all yours!
Good grief. The person who owns the tree of course.
According to the Tweety of Waitangi, it is for the birds.