Dear PAO,
Recently, it has come to my attention that my adjacent neighbor has been harvesting the produce of a mango tree planted on my property. Hence, I confronted her but she argued that she was only harvesting the fruits from the branches that extend over and into her yard. She further claimed that she legally owns the produce from such branches since they are already occupying the airspace of her titled land. Is my neighbor legally correct?
Bencic
Dear Bencic,
No, your neighbor is not legally correct. She does not automatically acquire legal ownership over the fruits of your mango tree, despite its branches extending over her property.
As a general rule, ownership of property includes the right by accession to everything which is produced thereby, or which is incorporated or attached thereto, either naturally or artificially. This right of accession includes the natural fruits, industrial fruits, and the civil fruits produced by the property (Article 440 in relation to Article 441 of the New Civil Code of the Philippines). Thus, the mango tree planted on your land, along with its natural fruits, legally belongs to you, regardless of how far its branches extend.
However, Article 681 of the same Code provides that:
“Fruits naturally falling upon adjacent land belong to the owner of said land.”
From here, it is clear that the owner of the tree will only lose ownership of the fruits if, and only if such fruits have naturally fallen into the adjacent land belonging to the other person. “Naturally falling” legally means that the fruit must be detached from the tree or its branches without human intervention. The owner of the adjacent land cannot harvest the fruits nor shake the tree to prematurely facilitate the descent of the produce.
Simply put, your neighbor must have done nothing to cause the fruits to fall into his or her property before acquiring legal ownership. However, since your neighbor admitted to harvesting the fruits, Article 681 of the New Civil Code will not apply. The fruits attached to your mango tree, however it may seem to extend to the adjacent side, still legally belongs to you.
Nevertheless, you are reminded that the branches extending beyond your land may interfere with your neighbor’s right to enjoy her own property. Hence, your neighbor shall have the right to demand that they be cut off insofar as they may spread over her property. Additionally, if the roots of the tree penetrate into the land of your neighbor, she may cut them off herself within her property (Article 680, New Civil Code of the Philippines).
We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
