Property Boundaries
Who owns that mango?
In real estate, the one that owns land, “shall own the earth to its center and up to the heavens”. But who owns the mangoes?
It is that time of year again for mangoes (and other fruits, vegetables and flowers) along with the inevitable disagreements over who owns them. It doesn’t help that Hawaiʻi does not have laws that directly address this issue.
Everyone can agree that the tree itself belongs to the owner of the lot where the treetrunk is located. From there, it can get complicated. In some states, the fruit always belongs to the tree owner. In Hawaiʻi, branches hanging over on a neighbor’s property belong to the neighbor. Therefore, thatmango hanging over to the neighbor’s property belongs to the neighbor. The neighbor also has a right to cut off any branches that are hanging over because they are in his air space. However, care must be taken not to kill the tree or they could be held liable for damages.
For huge trees that are hanging over with large branches, the owner of the tree is responsible for cutting it back if it is reasonable to assume that it could cause damage to the neighbor’s property.
Consult with an attorney for any unresolved dispute. As with most things in life, communication is key and hopefully there are enough mangoes for everyone.
