whose tree is it, anyways?

[thespian.livejournal.com]

So there's a street tree (ie, a tree lining the street in one of those breaks in the sidewalk) a block or two away from me. It is just LOADED with sour cherries that are ready.

Is this tree technically Somerville property, or is it somehow owned by a resident? It's in front of a large apartment building remotely managed by a company, not house or 3-flat building.

Would I be legally ok to head over there with a bowl and a mission?

EDIT: It seems that the tree, while nudging up the sidewalk and almost entirely *over* the sidewalk, is still technically on private property. I ate two while trying to figure out who to ask (it is so covered in fruit that some branches bend down to my shoulder height; I'm 5'5"; I think a professional cherry picker could work on this all weekend and there would still be fruit). They *are* a sour cherry, but they aren't sour per se, and they're so ripe they will likely be over ripe by monday. If the owner approves getting them picked, I will post more info here, later.

Comments

[contradictacat.livejournal.com]

I have no idea, but if someone else does and says it's ok, I will totally be out there with you. Goddamn.

[magickcat.livejournal.com]

Seriously! That sounds like fun!

[larksdream]

In most places street trees belong to the city, and I can't imagine them minding if you take the fruit. Have some cherries before the birds get them all!

[leko.livejournal.com]

I say do it. who is going to complain about that. I wish I could get to the mulberries on the tree behind my house (not on my property) but all the branches are too high.

[cos]

I clicked through to the comments just to see if the word "usufruct" had been posted by anyone yet. Apparently not, so here you go: Usufruct. I love it so.

[thespian.livejournal.com]

yeah; i would've, but it's a 'real' apartment building, so it wasn't obvious.

I'm gonna go for it.

[chenoameg.livejournal.com]

I think you should absolutely not pick them, but tell me where they are so I can avoid them, yeah, that's it.

[m00n.livejournal.com]

Just out of curiosity...where is this tree?

[thespian.livejournal.com]

i'll tell you all.... tomorrow :-)

[contradictacat.livejournal.com]

Curse yoooou!

(though this does remind me of the various (peach?) stone fruit trees I've been seeing around, though they look like they live on people's land and not city land.

[inahandbasket]

if it's the one I'm thinking of, we may see you out there...

[thespian.livejournal.com]

there are also crab apple trees in several of the city's parks. In the past I've often let these sources of fruit slide, but crab apple jelly is lovely, and I am broke, and I've been told if it's city-owned, it's fair game. And canning entertains me, so it's free fruit AND an afternoon's entertainment ;-)

[diatomacearth.livejournal.com]

Sadly, neighborhoodfruit.com does not yet have info on the Boston area. D:

On a related topic, I'm very excited about the pear and peach trees in the backyard of my building--I managed to be out of state for the two weeks last summer when everything ripened, and when I got back, all was rotting windfall, but I'm here all summer this year. The upside of poverty!

[surrealestate.livejournal.com]

I am not a lawyer, but my understanding is that the parts of the tree overhanging public property are open to picking.

But only if you tell me where the tree is!

[purpless77.livejournal.com]

I wouldn't be so worried about the apartment building. You said it's on a break in the sidewalk, so it more then likely is city owned. Besides like others said, with as much fruit as you said it has, they probably wouldn't care. If someone comes out just leave.

What I would worry about is eating anything that has gown in the Somerville soil. This city at one time was one of the biggest industrial cities. We don't know what has been pouring into, dropped onto, the soil. There have been hazards that have come about over the years and many more I am sure we are unaware of. There is one neighborhood where I could probably give you more then twenty names of life long residents who have some sort of cancer or have died from some form of cancer or have other odd health issues. Not saying eating Somerville grown eatables did this, but it is food for thought, no pun intended.

[m00n.livejournal.com]

Arrr!!!

[siderea]

You know, if the management company posted an emergency phone number (as they sometimes do), you might call and offer to do them the favor of picking their fruit for them. Fruit trees make quite the mess on sidewalks, and if there's less dropped fruit for them to clean up, they happier they'll probably be!

[ron_newman]

Go for it. If the cherries are that ripe, someone's going to eat them and it may as well be you.

[turil.livejournal.com]

Yep, a legal precedent was set in that the air space immediately above a property is also the property of the property owner. :-) So, if the cherries are in public property air space, they belong to the public, legally. And anything perishable is up for grabs.

Check out Earthworks (http://www.earthworksboston.org/) for info about Boston area public edible tree plantings. My housemate alone planted dozens of berry bushes and grape vines in the Somerville area for you to enjoy!

Mulberries are ripe right now too. As are service berries.

Just don't sue the owner

[nvidia99999.livejournal.com]

if they happen to be the mildly poisonous type. There may be a reason why birds did not eat them :)

[chenoameg.livejournal.com]

In general fruit pulls less bad stuff out of the soil than vegetables or greens.

mulberries

[pearlythebunny.livejournal.com]

Also, are you compiling a list? There's a mulberry tree on the corner of College Avenue and Dearborn Road. The fruit seems to be too high off the ground for me, but maybe if you are industrious you can get to it. Right now, the sidewalk is covered in berries.

[geekpixie.livejournal.com]

Heh, I was thinking the same thing ;)