By Dr. Embee BADR Esq
Your neighbour’s mango tree is growing beautifully. The branches have crossed the fence. The mangoes are now dangling on your side.
You’re already reaching and you are also ready to pluck but before you pluck read this
Let The Law Talk First.
Here is what the law says:
1. The tree belongs to whoever owns the land it is rooted in.
Under Nigerian property law, a tree is a fixture. it belongs to the landowner. The fact that branches have crossed into your compound does not transfer ownership of the tree or its fruit.
2. The fruit follows the tree not the fence.
Those mangoes hanging over your side? They still belong to your neighbour.
Picking them without permission could amount to stealing under Section 383 of the Criminal Code Act.
3. However, you have a right to trim.
If the branches are encroaching on your property, you are entitled to cut them back to the boundary line.
But note this is important you must return the trimmed branches (and any fruit on them) to your neighbour. You cannot keep what is not yours.
4. What if the fruit falls naturally into your compound?
This is where it gets interesting. There is a common law principle that naturally fallen fruit may be treated differently from fruit deliberately harvested.
However, Nigerian courts have not been entirely uniform on this and practically speaking, the safest legal position is: return it or seek permission.
5. Self-help is not a legal remedy.
Do not go and uproot the tree.
Do not spray it with chemicals.
Do not block their roots.
Any deliberate destruction of your neighbour’s tree could expose you to civil liability for damages or worse.
Finally
Your fence ends at the boundary. Ownership does not shift because a branch crossed a line.
Talk to your neighbour. Get permission. Or leave the mangoes alone.
The law does not drink Panadol for emotions.
Law is Emotionless.
