在鄉間，許多民眾都會在自家庭院種植水果，當鄰人種植之果樹果實成熟卻未摘取時，該果實仍屬果樹的「附著物」，而仍屬樹木所有人之財產，縱使該果實掛在延伸至自家土地上空的枝葉上亦同。
如果未經樹木所有人同意，逕行摘取樹上的水果，將構成侵害他人財產之行為，此時樹木所有人將可依民法第184條之侵權行為請求損害賠償。但是，如果果實已成熟掉落，便已不再是樹木之「附著物」，而屬獨立的財產。
民法第798條規定：「果實自落於鄰地者，視為屬於鄰地所有人。但鄰地為公用地者，不在此限。」因此，當鄰人種植之果樹成熟掉落到自家土地，該果實可歸屬於自家所有。
In rural areas, it is common for people to grow fruit trees in their yard. Even if the fruit is ripe and hanging from a branch that extends over your property, the fruit is still legally considered part of the tree - and therefore the property of the tree's owner - as long as it has not been picked. So, picking fruit from a neighbor's tree without permission, even if it hangs over your yard, is still taking someone else's property.
If you pick fruit from a neighbor's tree without their permission, it is considered an act of infringing on their property rights. In this case, the tree owner may claim damages under the Article 184 of the Civil Code for wrongful conduct.
However, once the fruit has ripened and fallen to the ground, it is no longer considered part of the tree - it becomes separate property. According to Article 798 of the Civil Code: "Fruits that fall naturally on an adjacent land are deemed to belong to the owner of such land, except if it is a land for public use." So if ripe fruit from your neighbor's tree falls onto your land, you might legally keep it - as long as your land is private property.