is this front yard jackfruit fair game?

[Epiphyte]

found this pic recently on inaturalist...



it's a jackfruit tree loaded with fruit in seminole florida.  i really love how casual this observation is.  the person didn't get out of the car, or keep their arm or door out of the frame, maybe the car didn't even stop.  if it was a drive-by shooting, then it was the best possible kind.  regardless of how casual the photograph is, it works.  we can all clearly see the subject... a jackfruit tree. 

the "minor" detail is that the poster didn't label the tree as a jackfruit or even as a tree (no "tree" option on inaturalist).  i only found this observation while browsing the project for unknown moraceae (366 results in florida).  observations aren't manually added to the project.  they are automatically added by a program written by jean-philippe basuyaux.

for additional info on inaturalist please see my previous thread.

here are jackfruit observations on inaturalist

wild jackfruit (4,675 results)
wild/cultivated jackfruit (8,522 results)
florida jackfruit (167 results)
california jackfruit (20 results)

these aren't including all the unlabeled jackfruit observations. 

the 1st result for florida is (was) actually a ficus auriculata.  this is funny because i've been trying to find every observation of this species on inaturalist.  in the poster's defense, both auriculata and jackfruit are cauliflorous and in the same family.  did they inherent cauliflory from their last common ancestor or did they evolve it independently (convergent evolution)?  is a cauliflorous fig the size of a jackfruit possible?   

the 1st result for california is a pic i took of a newly planted jackfruit at the los angeles arboretum.  i'm really rooting for this guy! 

on inaturalist, for browsing i recommend the grid view.  but the map view is very useful for seeing where jackfruit can be grown outdoors, with a few obvious indoor exceptions. 

getting back to the seminole jackfruit, and the main point of this thread, is that it's planted in the front yard, but on the outside of the fence.  which was 1st, the jackfruit or the fence?  does the jackfruit being on the outside of the fence automatically mean that it's ok for random people to pick the fruit?  if the jackfruit tree was any closer to the street a fruit might fall on a car. 

fences are useful because they define where our property ends and begins.  but some places don't allow fences in front yards.  in these cases, the further from the street a tree is, the less acceptable it is for a random passerby to pick the fruit. 

personally, i wish everyone planted fruit trees in their front yards right next to the street.  from the sidewalk we should be able to pick figs the size of jackfruit.  this is how the world should be. 

[Coconut Cream]

Even if it might be on an easement, I wouldn't want to litigate the issue with a cop or homeowner while holding a 40 pound jackfruit on the sidewalk. I would much rather ring the doorbell, introduce myself as a member of the local rare fruit club, and kindly ask if I could buy some of their tasty jackfruit. That way I make a friend and don't get shot or arrested. Everything is on video these days and if you fall out of the tree you could end up as a TikTok meme.

There's a better than average chance they will tell you they hate jackfruit and would be happy to give it to your for free. Or, that they grow all kinds of rare fruit and now you have another fruit buddy.

[TropicalFruitHunters]

In my opinion...absolutely not.  While outside of the homeowners fence and near a sidewalk or easement, that homeowner obviously planted the tree and/or is taking care of it.  The fruit is not fair game.  Coconut Cream has the right idea...knock on the door and ask.  Otherwise, you might get a BB in the ass!

[SplorKeLZ]

I would definitely just ask. Legally yes it might be fair game, but its not cool. That tres has so much jackfruit the homeowner would probably let you take some (i dont know who could eat that much jackfruit lol)

[JakeFruit]

It's no more fair game than a bike, lawnmower, dog, etc., in the same spot. It's clearly in and over their yard; it is their property and it would be stealing from them if someone took one in Florida. Might be hard to get a law officer to do something about it unless they are right there when it's happening (and even then it'll probably result in a warning), but it's not acceptable legally.

[MasOlas]

Good idea to ask, buuuut.
If you were standing on the street/easement/public right of way and could reach one it's fair game. Same with the bare tree behind it if/when it fruits.
I feel the same way about my mango tree hanging on the other side of my fence for my neighbor to take their fill.

[pineflatwoods]

I lived in San Diego for a time, it was not uncommon for people to have citrus growing, a lot of times even over the sidewalk. I would take grapefruits because for some reason, people would never eat them, maybe the original owners moved, idk. I would never venture onto someone's property though.

If it were me, I'd knock on the door

[Epiphyte]

i'm curious if it's possible for people to have different perceptions of the point of fences.  i always took it as a given that the point of fences was to disambiguate property thresholds...



even though it's been over 40 years since i saw this far side comic strip by gary lawson i still remember it. 

the typical florida lot size is a lot larger than here in california, and since smaller lots are cheaper to fence, perhaps fences are more meaningful here than there.  if i'm walking on the sidewalk and just above my head is a guava fruit hanging over a fence, for sure i see it as fair game.  it's good to know that it would be a different story in florida. 

[gnappi]

Property owners do not always have the right to have fences in their front yard, and if they do often times they are required to have a setback from the street either by city ordinances or association rules.

It doesn't change the FACT that what THEY planted was on THEIR property for THEIR use AND consumption is NOT for trespassers to steal. Morons who traipse around ASSuming they have some divine given right to TAKE fruit are wrong.

[MasOlas]

^^^By your logic the same homeowner's tree planted on their side of the fence is now hanging onto your side of the fence/property line. Are you making that person come and remove their fruits and trim the tree to your satisfaction? where does the air you breathe on your side of the easement come from? Depending on the wind, you are breathing someone else's air! SMH. Oh, and how is it trespassing if I'm standing on public property?

[RS]

Good idea to ask, buuuut.
If you were standing on the street/easement/public right of way and could reach one it's fair game. Same with the bare tree behind it if/when it fruits.
I feel the same way about my mango tree hanging on the other side of my fence for my neighbor to take their fill.

This is not generally true in Florida:

"Under Miami-Dade County's code of ordinances, taking plants or fruits from any property without permission is a no-no, and will be treated as a code violation.

"It is unlawful for any person to take, carry away, or damage any plants, fruits, plant products, or nursery stock contained within any nursery or private or public property without the consent of the owner of the property or his agent," reads county code section 21-118. A violation could result in a $200 fine.

It might be worth noting that if you're sneaking into someone's yard to grab fruit without telling them, you're also likely guilty of trespassing — a second-degree misdemeanor in Florida, punishable by up to 60 days in jail."

In Florida, your neighbor picking fruit from your mango tree that overhangs onto their property would be illegal unless it has fallen, though they could cut off the branch at the property line according to this article: https://www.miaminewtimes.com/news/is-it-legal-to-pick-mangos-off-your-neighbors-tree-14500558

[fliptop]

"different perceptions of the point of fences . . . "

I can think of some!

They're great for containing chickens:



You can also install a fence to provide a basking spot for snakes:





Fences also make great dining tables for lizards:

[Epiphyte]

In Florida, your neighbor picking fruit from your mango tree that overhangs onto their property would be illegal unless it has fallen, though they could cut off the branch at the property line according to this article...

that's too funny. 

my neighbor made it perfectly clear that it's my responsibility to cut my cedar tree branches and roots that go over/under the fence onto her property.  but if i followed the same rule with my persimmon tree, she would scream bloody murder and i'd never hear the end of it.  she also loves my lemon guavas so i dug up and potted a big volunteer seedling for her.  once it was fully established i planted it in her front yard for her.  but she rarely waters it so it's basically a bonsai. 

with the neighbor on the other side, i bought a persimmon tree and planted it for him in his front yard, right next to my front yard.  neither of us have a fence in the front yard so i kind of expected random passerbys to walk the 15 or so feet from the sidewalk to help themselves to the lowest hanging fruit.  more and more there are people in the neighborhood who live in apartments, and it's not like local parks have persimmon trees. 

in economics...

private good: a persimmon tree that only you can benefit from
public good: a persimmon tree that anyone can benefit from

the very premise of taxes is that, without compulsion, public goods will be undersupplied.  in a much smarter and better world people would pay less taxes for each fruit tree they planted in their front yard that anyone could pick from.  the johnny appleseed law?

then there's the case of the natal plum.  it's a very common landscape bush here with tasty fruit.  even though in most cases anyone can eat it, they don't, simply because they have no idea that it's edible.  in this case if we chip in to buy a billboard public service announcement (psa), the government should reimburse us 100%.  better yet, the government should simply do the psa itself, because supplying public goods that the private sector doesn't supply is the very point of the government.

it's important to see the forest for the trees. 

[MasOlas]

Epiphyte, that's a good logic even I can get behind! Did you know Aztecs had a rule that any field planted with crops of any kind along a major roadway was fair game for travelers? The only stipulation was ONLY the first three rows on any side facing a roadway were to be considered public property for hungry travelers. If someone was caught deeper in the field it was considered theft. This way, nobody could ever say they stole because they were hungry.

[Epiphyte]

Epiphyte, that's a good logic even I can get behind! Did you know Aztecs had a rule that any field planted with crops of any kind along a major roadway was fair game for travelers? The only stipulation was ONLY the first three rows on any side facing a roadway were to be considered public property for hungry travelers. If someone was caught deeper in the field it was considered theft. This way, nobody could ever say they stole because they were hungry.

i didn't know that.  did you know that there's a similar rule in the bible? 

And when ye reap the harvest of your land, thou shalt not make clean riddance of the corners of thy field when thou reapest, neither shalt thou gather any gleaning of thy harvest: thou shalt leave them unto the poor, and to the stranger: I am the Lord your God. - Leviticus 23:22

[kapps]

I planted a seedling jackfruit at the front corner of my property with the expectation that IF it makes it to fruiting age and IF the fruit is any good and IF anyone in my area even knows what it is, I may feed someone else. I’ve thought about planting a mulberry out along the road in the easement for the walkers.

Countless laws have been written and lawyers have been made rich by people who refuse to talk. If I saw a tree with tons of ripe fruit, I’d start a conversation with the property owner.

[RS]

In Florida, your neighbor picking fruit from your mango tree that overhangs onto their property would be illegal unless it has fallen, though they could cut off the branch at the property line according to this article...

that's too funny. 

Kinda ridiculous, but tree laws vary by state! Some areas in Florida also have community fruit trees that welcome anyone to pick them along the sidewalk.

I planted the front street easement with low maintenance / low mess edibles. No one has taken anything but someone did once ask about the pineapples, which was nice.

[Frilertta]

found this pic recently on inaturalist...



it's a jackfruit tree loaded with fruit in seminole florida.  i really love how casual this observation is.  the person didn't get out of the car, or keep their arm or door out of the frame, maybe the car didn't even stop.  if it was a drive-by shooting, then it was the best possible kind.  regardless of how casual the photograph is, it works.  we can all clearly see the subject... a jackfruit tree. 

the "minor" detail is that the poster didn't label the tree as a jackfruit or even as a tree (no "tree" option on inaturalist).  i only found this observation while browsing the project for unknown moraceae (366 results in florida).  observations aren't manually added to the project.  they are automatically added by a program written by jean-philippe basuyaux.

for additional info on inaturalist please see my previous thread.

here are jackfruit observations on inaturalist

wild jackfruit (4,675 results)
wild/cultivated jackfruit (8,522 results)
florida jackfruit (167 results)
california jackfruit (20 results)

these aren't including all the unlabeled jackfruit observations. 

the 1st result for florida is (was) actually a ficus auriculata.  this is funny because i've been trying to find every observation of this species on inaturalist.  in the poster's defense, both auriculata and jackfruit are cauliflorous and in the same family.  did they inherent cauliflory from their last common ancestor or did they evolve it independently (convergent evolution)?  is a cauliflorous fig the size of a jackfruit possible?   

the 1st result for california is a pic i took of a newly planted jackfruit at the los angeles arboretum.  i'm really rooting for this guy! 

on inaturalist, for browsing i recommend the grid view.  but the map view is very useful for seeing where jackfruit can be grown outdoors, with a few obvious indoor exceptions. 

getting back to the seminole jackfruit, and the main point of this thread, is that it's planted in the front yard, but on the outside of the fence.  which was 1st, the jackfruit or the fence?  does the jackfruit being on the outside of the fence automatically mean that it's ok for random people to pick the fruit?  if the jackfruit tree was any closer to the street a fruit might fall on a car. 

I almost forgot to say that in addition to this activity, I've been gambling on the site to take my mind off the routine a bit.

fences are useful because they define where our property ends and begins.  but some places don't allow fences in front yards.  in these cases, the further from the street a tree is, the less acceptable it is for a random passerby to pick the fruit. 

personally, i wish everyone planted fruit trees in their front yards right next to the street.  from the sidewalk we should be able to pick figs the size of jackfruit.  this is how the world should be.

It may be hard to get a representative of the law to do something about it unless they are right there when it happens, but legally it is unacceptable.

[roblack]

People take our passion fruits and the occasional mango overhanging a sidewalk. I tell them, "take 1, only 1".  And I teach people how to pick passion fruit and mangoes when they are ripe. Hate it when they get wasted, but those pickers probably are less likely to try again. I like the idea of sharing fruit and fruit knowledge. Have given away many passion vines to neighbors and fruit thieves. I figure if they grow their own, less likely to take mine. Being nice also makes it weirder for some people to steal. Funny thing is, it is never or rarely the poor taking fruit. It's the old guy and his wife driving a Mercedes or BMW that cusses me out when I ask, "what's up?" as they are stabbing fruits. Entitled, rich, angry fruit thieves are the worst.

Far Side rocks Epi!

[JR561]

Reading these responses makes me glad to have a cop car in my driveway.

[cassowary]

Cassowaries in general can't jump fances but know how to ask owners nicly and often owners are happy for us to have go at the fruit

[Pouteria_fan]

Harvesting fruit hanging over the sidewalk seems to be culturally acceptable in parts of the USA, and not in other parts.
In Washington State, blackberries are everywhere, and it's common for people to forage all over the place for them.
In urban Los Angeles, it's not uncommon to see people picking fruit hanging over public property (sidewalks), even bringing pickers and poles.
In parts of the south, it's illegal to even pick up pecans off the ground.

Just take a look at the number of "Free" fruit trees listed here, and the locations of such. There seem to be far more in non-south areas:
https://fallingfruit.org/

[SplorKeLZ]

In Washington State, blackberries are everywhere, and it's common for people to forage all over the place for them.
https://fallingfruit.org/

here the blackberries eat us

[seng]

Kind of off the topic.  This is my longan tree in the front yard, with fruit branches reaching the sidewalk.  No one is picking any of them.

[Julie]

People take our passion fruits and the occasional mango overhanging a sidewalk. I tell them, "take 1, only 1".  And I teach people how to pick passion fruit and mangoes when they are ripe. Hate it when they get wasted, but those pickers probably are less likely to try again. I like the idea of sharing fruit and fruit knowledge. Have given away many passion vines to neighbors and fruit thieves. I figure if they grow their own, less likely to take mine. Being nice also makes it weirder for some people to steal. Funny thing is, it is never or rarely the poor taking fruit. It's the old guy and his wife driving a Mercedes or BMW that cusses me out when I ask, "what's up?" as they are stabbing fruits. Entitled, rich, angry fruit thieves are the worst.

Far Side rocks Epi!

Rob do you have trees planted in your front yard and do you have a front yard fence?  I always said I would put in a fence later.  But the problem is, now these trees are getting big and a fence might not be feasible at this point.  I was trying to look at the survey for my house and figure out exactly what the easement is (to make sure it doesn't go right through the tree's trunks) but it doesn't seem clear.  I have a large easement and of course I planted in every available spot, up to the street.  I have mango, avocado and coconut in the front yard.  These are prime targets for fruit thieves I've heard.  I also have starfruit, jackfruit, black sapote and mulberry, and will plant white sapote in the future.  Hopefully these fruits are less desirable to thieves.  Right now only the starfruit is fruiting and nobody has touched it but it's far from the road.  If anyone takes my first jackfruit I will be sad.  And of course, that jackfruit is NOT fair game!  The easement is for the utility companies, it's not a free for all.  Asking the owner and offering to buy one is the only way.