Hello,

My name is Marie and I work for the Forestry Extension Office at the University of Minnesota. I am currently researching to see if cities have ever written tree ordinances addressing the subject of "messy fruit." These ordinances could be about restricting planting sites or forbidding the planting of tree species. I was also wonering if anyone has ever come across any lawsuits resulting from "messy fruit." These could be neighbor disputes or personal injury cases. If anyone has any information that could better direct my research, any help would be appreciated. Thank you, Marie Jones

Reply to post by Marie Jones, on February 24, 2000 at 13:29:47:

Marie,

I have done research on law cases, and will have a book out on them "soon." I am NOT a lawyer, and you should consult one for a definitive answer, but as I understand common law, a party has the duty to keep his or her tree free from nuisance. Falling, messy fruit, as well as leaves or considered an inconvenience, but not a nuisance.

Very treely,

Lew

Reply to post by lewbloch, on February 24, 2000 at 13:29:47:

Hi, Lew...
Seems some hungry lawyer could make a case out of injury that resulted if I slipped on your messy crabapples on the walk in front of the Bloch estate (not to mention the cleaning bill for my tux).

Reply to post by Marie Jones, on February 24, 2000 at 13:29:47:

Might be interesting to look for litigation in or around Philidelphia. They have the largest percentage of Stypnolobium japonicum (used to be Sophora japonica guys)that I have ever seen used as street trees. When they flower the flowers falling on the walks are like walking of grease and the falling fruits are even worse.

Happy hunting.

Wayne

Reply to post by Ed Milhous, on February 24, 2000 at 17:42:57:

And Hi to you, too, Ed.
Of course that MIGHT be considered negligence if I allowed a slippery walk, whether it be fallen fruit, ice, leaves, banana peels or old subpoenas. That does not mean that all of the above would be outlawed or have appropriate ordinances.
Keep on keepin' on!
lew

Reply to post by Wayne Cahilly, on February 24, 2000 at 13:29:47:

And I had just finally learned how to spell Sophora....

Reply to post by lewbloch, on February 25, 2000 at 08:24:21:

Agreed, Lew… but it's fun to jerk your chain when the rare opportunity arises.
A friend of mine insists gov't should not be allowed to pass an ordinance unless they remove one from the books at the same time. I know of an instance where a local gov't tried to make someone remove 50 years of accumulated leaves and assorted forest litter from a 1 acre residential property… said it was a nuisance!

Reply to post by Marie Jones, on February 24, 2000 at 13:29:47:

In California (of course) I believe there have been suits involving tree litter, including olive fruit and liquidamber fruit. Unfortunately, this is just anecdotal, but an enterprising researcher could hunt it down.

Reply to post by Marie Jones, on February 24, 2000 at 13:29:47:


This is an interesting question, but I have never heard of any municipality where there was a messy fruit ordinance. We have had people slip and fall on acorns and had 1 case of a Maclura pomifera fruit fall and dent someones car, but I don't think these claims were ever paid, nor did they ever go to court. Hope this helps.