If my neighbor’s fruit tree leaves are hanging into my property, will I be oyver geneivah If I pluck a pear from the hanging branch?
Thank you.
Answer:
Yes, the trees belong to your neighbor, and so do the fruit.
The fact that they overhang into your property does not give you permission to pluck and keep them.
However, if the overhanging branches disturb you (justifiably), you can demand that he cut the branches down, or even cut them down yourself, though the fruit must be given back to the neighbor.
Sources:
See Shluchan Aruch, Choshen Mishpat 167:2 (the fruit belong to the neighbor, if the main body of the tree is there); Choshen Mishpat 155:26 (it is permitted to cut down branches that significantly disturb).
Can I get machilla anonymously by dropping $ 2 bucks into an envolope in his mailbox with a small note of
Apology? Will that work?
If the money will certainly cover the fruit (sounds like it will), I think this will be fine (because there is no personal injury that requires mechilah).
Would it make any difference if the fruit fell from the tree derech a tevah?
Not sure I understand the case, but don’t think it would make any difference.
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