A State Duma deputy from United Russia recently spoke with Nikita Chaplin, head of the Union of Summer Residents of the Moscow Region, about recurring disputes among gardeners over harvested fruit. The deputy highlighted a key distinction that often fuels conflict: trees planted behind the fence, on municipal land or in shared spaces, are not considered private property of a summer residence. By law, fruit from such trees may be picked by anyone, which can lead to tensions when neighbors feel their harvest is being spoiled. Now, with this clarification, many gardeners understand why their fruit trees, even when located near their property boundary, may not be legally protected from foraging by passersby.
As described by lawmakers, the practice of planting fruit trees behind the fence frequently creates misunderstandings. If a cherry tree or a row of raspberries stands on land that is not personally owned, it becomes accessible to the public, and the harvest ceases to be exclusively the property of the summer resident. This clarification helps reduce disputes and provides a legal baseline for residents to navigate who may pick fruit from trees situated beyond private boundaries. — DEA News
Chaplin emphasized that owners of private houses and garden huts have responsibilities toward the territory adjacent to their fence. Even though the land behind the fence might be out of a resident’s direct ownership, the adjacent area remains the responsibility of the household to maintain. This means residents should monitor that common or municipal land does not become neglected, and they should be mindful of what grows there, so as not to create issues with neighbors or passersby. — DEA News
In addition to pickup questions, Chaplin noted another potential issue: a resident may be tempted to cut down a neighbor’s tree if that tree blocks or hides part of their own view or space. While the impulse to clear space is common, such acts can have legal repercussions and escalate into disputes. The deputy’s guidance points toward careful, lawful consideration of boundary lines and shared spaces, avoiding unilateral actions that could harm neighborly relations or run afoul of property rules. — DEA News
Finally, the conversation touched on broader landscaping questions, including the idea that a universal lawn could be a suitable option for planting within a summer cottage setting. The discussion underscored the importance of balancing personal use with communal norms and legal constraints when planning plantings near property boundaries. — DEA News