--- title: "Apples Falling to the Neighbor and Fence Disputes: A Lawyer Explains Ownership Rules and Liability" description: "🍎 Fence and Apple Disputes: A Lawyer Explains Who Owns What Neighborhood conflicts are resolved by law! Lawyer Dmitry Vasyuta explained the norms of the Civil Code of Ukraine: 🏚️ Fence: If it stands on the boundary by agreement — it is shared. If it is on your plot — it is yours. 🍏 Fruit: Apples that fall onto a neighbor's plot belong to them, even if the tree is yours. Expert advice: Record all agreements in writing to avoid court cases in the future. #LandLaw #Neighbors #Lawyer #Ukraine" date: 2026-08-09T06:28:00.000Z lang: en url: https://xab.info/en/posts/apples-falling-to-the-neighbor-and-fence-disputes-a-lawyer-explains-ownership-rules-and-liability tags: [ukraine-law, property-rights, neighbors-disputes, land-law, civil-code] publisher: "XAB.info" --- # Apples Falling to the Neighbor and Fence Disputes: A Lawyer Explains Ownership Rules and Liability ![Apple tree with red apples growing next to a wooden fence, illustrating disputes over ownership of fruit fallen to the neighbor](https://xab.info/media/2026/08/09/yabloki-upavshie-k-sosedu-i-spory-o-zabore-yurist-razyasnil-pravila-vladeniya-i-otvetstvennosti/yabloki-upavshie-k-sosedu-i-spory-o-zabore-yurist-razyasnil-pravila-vladeniya-i-otvetstvennosti-1.webp) ## 🎯 Key Points - A fence built on the boundary by agreement is shared property, but requires a written agreement. - Fruits of trees located on a neighbor's territory belong to the owner of that plot according to Article 373 of the Civil Code of Ukraine. - The owner of the fence bears the costs of its maintenance unless otherwise proven by an agreement. Neighborhood conflicts arising from land boundaries, the condition of fences, or harvesting fruit from trees overhanging the border are a classic problem in the private sector. However, in 2026, relying on current legislation, most such disputes can be resolved without involving law enforcement agencies. Dmitry Vasyuta, a land law attorney at the law firm 'Prykhodko & Partners', explained to RBC-Ukraine the key norms of the Civil Code regulating these issues. ### Who owns the fence: private property or shared ownership? Determining the owner of a fence between plots depends solely on the facts of construction and the existence of agreements. If the fence was built entirely at the expense of one person and is located within the boundaries of their land plot, it is their sole property. In this case, all expenses for maintenance and repair lie with the plot owner. The situation changes if the fence was installed on the boundary line by agreement of both parties. In such a case, the structure may be considered joint shared property. However, the lawyer emphasizes the importance of documentary confirmation: in the presence of a written agreement, the parties are obliged to bear the costs of maintaining the fence proportionally. If one of the neighbors refuses to participate in the repair, the other party has the legal right to recover half of the expenses from them through the court. ### Who owns the apples: the tree owner or the plot owner? One of the most common questions concerns the fruit of trees whose branches overhang a neighboring plot. Dmitry Vasyuta explained that this issue is regulated by the general norms of the Civil Code of Ukraine. According to Part 2 of Article 189 of the Civil Code, products and fruits belong to the owner of the thing (the tree). However, this norm has an important exception, stipulated in Part 5 of Article 373 of the Civil Code. The law states that the owner of a land plot may use at their discretion everything that is above and below the surface of their plot. The lawyer draws an unequivocal conclusion: fruits that are physically located on the neighbor's territory (for example, fell on their land or hang on a branch overhanging their plot) belong to the owner of that plot, not the owner of the tree. ### The necessity of written agreements The expert strongly recommends that neighbors do not rely on verbal agreements. To avoid litigation in the future, it is advisable to conclude written agreements in which the size of the fence, its location relative to the boundary, and the obligations of the parties regarding its maintenance are clearly stipulated. This is especially relevant when building new fences or dividing the costs of repairing existing ones. ### Important warning This material is for informational purposes only and does not constitute legal advice. In complex situations requiring the interpretation of legislation or the protection of rights in court, it is recommended to consult qualified lawyers. RBC-Ukraine is not responsible for actions taken based on this information. ## 🔍 Fact-Check Verification - [Can't "divide" a fence or apples? A lawyer explains what actually belongs to whom](https://www.rbc.ua/ukr/news/mozhete-podiliti-parkan-chi-bluka-yurist-1786121487.html) - Источник содержит прямые цитаты адвоката Дмитрия Васюты и ссылки на статьи 189 и 373 ГК Украины. ## ❓ FAQ ### Q: Who owns the apples if a tree branch overhangs the neighbor's plot? **A:** According to Part 5 of Article 373 of the Civil Code of Ukraine, the fruits belong to the person on whose plot they are actually located. ### Q: Who pays for the repair of a fence on the boundary of plots? **A:** If the fence was built by agreement on the boundary, the costs are shared between the neighbors. It is recommended to conclude a written agreement. ### Q: Can a fence be considered shared property without a contract? **A:** The lawyer advises concluding a written agreement to confirm the status of shared ownership and the division of responsibilities.