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Whose Fruits in the Garden? -Fruit Tree and Pruning- Fights in the Apartment

With

the arrival of August, fruit trees (figs, plums, olives, grapes, etc.) in apartment and site gardens began to bear fruit. But the smells of sweet fruits rising from the garden towards the end of summer, unfortunately, are also accompanied by frequent neighbor discussions: "One neighbor collected all the fruits on the tree “," It spills under me and flies, I will cut the tree “," The branches close my window, can I prune it without permission?

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So, who is the fruit of a tree in an apartment garden within the framework of the Law on Condominium and the Law on Obligations? Is it legal for a resident to prune or cut trees according to their own head?

1. Who is entitled to the fruits in the garden?

According to the Law on Condominium Property (KMK), the garden of the apartment building is in the common property of all apartment owners (common area). Therefore, the trees planted in that garden and the fruits produced by the trees are considered the common property of all the owners of the floors.

Possession Cannot Be Made: The resident living on the ground floor has no right to say, “This tree is right in front of my apartment, I also took care of it, the fruits are only mine.”
Fair Sharing: If the fruits are to be collected, they must be collected with the consent of all the owners and in a fair sharing procedure. The fact that a single resident collects and takes possession of the entire harvest means violating the right of other owners.

2. Can a Tree Be Pruned by Saying “Closing My Window”?

One of the most frequent crises is when residents of the bottom/upper floors carry out unauthorized pruning.

Unauthorized Pruning Is Prohibited: A floor owner cannot go on his own and cut those branches, even if the branches of the tree close the window of his own apartment or cut off the sun.
Pruning or giving form to a tree in the common area is the responsibility of management.

If the tree dries out or is damaged as a result of unauthorized pruning, the person who cut it can be sued for compensation on the grounds of "damage to common property”.

3. Can a Tree in a Community Garden Be Cut Down?

Cutting down a tree in the garden (except in the case of drying out or creating a danger) cannot be done even by an ordinary management decision.

Unanimous Condition: Cutting down a healthy tree in the garden requires the unanimous decision of the floor owners, as it will alter the architectural or landscape condition of the common area.
Exception: If the tree is damaging the static foundation of the building, is in contact with power lines, creating a fire risk, or is completely dried out, the manager may prune or trim the tree to ensure safety by obtaining a report from an expert agricultural/landscape engineer.

How should the manager manage this period?

In this sweet but crisis-ridden process of August and September, the most correct thing for the manager to do is to organize the situation in advance. Making a brief briefing indicating when and how to collect the crops in the garden, or evenly distributing the collected products to all neighbors in the common area, strengthens neighborly relations and prevents possible quarrels.

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