Can I pick off the fruit from a plant that another resident of my building has placed and maintained in our building&#39;s common courtyard?
<p>A resident in a building has placed and maintained a plant in our building's common courtyard. Can another resident of the same building legally pick off the fruit from this plant?</p>

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<p>I am mostly interested in the following jurisdictions:</p>

<ul>
<li>California, United States</li>
<li>Massachusetts, United States</li>
</ul>

<p>No.</p>

<p>The fruit of a tree belongs to the owner of the land it is planted on<sup>1</sup>. As this is common property it belongs to all the owners.</p>

<p><sup>1. Or in some states, like California, the owner of the land above which the fruit literally hangs owns the fruit, but in this example, that wouldn't make a difference.</sup></p>

united-states california massachusetts trees