If fruit is hanging into your yard from your neighbour's tree, can you take it?

What if you see a luscious mango hanging over a public footpath?

As urban foraging gains popularity, Brisbane's social media community has been furiously debating what is right and what is wrong when it comes to overhanging fruit.

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Councillor David McLachlan, the chairman for environment, parks and sustainably for Brisbane City Council, said it was not just a legal question — the moral code of being a good neighbour should also dictate what you do.

"In Queensland, there is state legislation in place," he added.

"It's governed by the Dividing Fences and Tree Act of 2011 that regulates overhanging trees onto private land.

"It gives you the legal right to remove branches and if be it the fruit that's attached to the branches.

"It's the tree owner's responsibility to manage that tree but if there's a branch overhanging onto your side, you do have a right to deal with the impact that branch might have on your property.

"Personally, I have a neighbour with a citrus tree and we have an agreement if it's overhanging ... I take the fruit off the branches over my fence."

Councillor McLachlan said depending on the fruit in question, and how much was on offer, further discussions may be needed to avoid neighbourly disputes.

"If it's a prevalent mango tree, I think most people would see it as fair game," he said.

"But if it's a paw paw tree with one or two pieces of fruit on it, I think you shouldn't touch it."

To pick or not to pick: it's a question that's being furiously debated in Brisbane. ( ABC News: Emilia Terzon )

Footpaths and public spaces

And good news — if the fruit is found on public land, for example overhanging a footpath, you are well within your rights to pick it.

"During a mango season six years ago we were encouraging people to pick the mangoes hanging over the footpath as it was doing us a favour," Councillor McLachlan said.

"We encourage people to pick fruit as long, as they don't need a stepladder to cut them, of course."

Callers to ABC Radio Brisbane had mixed experiences when it came to sharing fruit.

Phoebe from Runcorn: "I had a custard apple tree and I was worried as it wasn't fruiting and I didn't know why, but then I saw the neighbour with a big hook pulling them off the tree over to his side. I was a little miffed but I didn't say anything as good neighbours are more important than the fruit."