Maule and Order: The peachy case

We received an email from a frustrated and distressed citizen of Vryheid.

The letter read:

Dear Maule and Order court

Good morning ECR, I own a property in Vryheid, in the new location and I have a big peach tree which still bears fruit.

Now, one of the big branches reaches over the fence and into the neighbours yard and that branch has fruit on it. My fruit.

On 5 January, while watering my garden, I caught my neighbour’s 12 year old child picking and stealing the fruit from the branch which was over the fence. I shouted at him and his mother came out and said it is okay and its their fruit since it is in their property.

I think that is wrong and it’s theft because it is my property and its in my garden.

Please make a judgement as to whether or not the child was stealing my property or not. Thank you and I look forward to hearing the outcome. Regards