Asked 3/25/2016 – Dallas, TX

If I allegedly keep picking fruit that’s coming over the fence into my backyard from a tree that’s planted in my neighbor’s backyward, am I well within my legal rights? My neighbor allegedly told me to stop picking his fruit, I allegedly stated that if it keeps coming over into my backyard I’m going to use it for my benefit, he then told me that he hopes I eat the fruit before it’s ripe and that I get sick from it.

While we were at it, I asked him politely to make sure the end of his truck doesn’t go in front of my driveway. He hunched his shoulders and walked away. I allegedly told him that if he lets it happen again that I was going to bust his truck windows out.

Does he have the right to park in front of my driveway and can I eat fruit that’s coming over the fence?

Answer

The fruit that falls into your backyard is yours. If anyone parks a vehicle that blocks your driveway, you may call the police and a citation can be issued. Do NOT take matters in you own hands. You have gone on-line and confirmed you made a threat to destroy your neighbor’s property – bad tactical move. If ANYTHING happens to his truck, guess who the police will come looking for? Have no further conversations with your neighbor.