LENNOX is the owner of a grove of mango trees, some of the branches of which extend over the land of

EVADER.

a. Does B have the right to gather the mango fruits on the branches that extend into his land?
Gove reasons.
Answer: No, B have the no right to gather or harvest the fruits that extend to his property.
Under Article 681 of Civil Code provides: Fruits naturally falling upon adjacent land belong to the
owner of the said land. Here, the question is whether B has the right to the fruit and does not
mention about fruits that are naturally falling on his property. However, fruits that falls under
his property, naturally, belongs to him. Therefore, B may not gather or collect the fruits on the
branches but may gather fruits that falls on his land.
b. In the same case, because of quarrel between A and B, unrelated to the trees, B cuts off the
branches insofar as they extend into his land, with the result that A’s trees stopped bearing fruit
for season. Does A have a right of action against B? Explain.
Answer: No, he has no right. Under Article 680, if the branches of the any trees should extend
over a neighboring estate, the owner of the latter shave the right to demand that they be cut-off
insofar as they may spread over his property. Here, the branches has reached the land of B
which give him the legal right to cut it. Therefore, A do not have a right of action against B.
c. Would you answer b different, if instead of cutting off the protruding branches, B had cut off the
roots of the trees which penetrated into his land, with the same result that the tree stopped
bearing fruits? Explain.
Answer: No. the law is clear that when a person plants a tree there must be enough space for it
not to reach the property of another provided for under Article 679. Here, the action of B is
covered under Article 680, that a branches or roots that reached his property may demand it to
be cut-off or cut it himself. Therefore, A do not have a right of action in this case.