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How do you like them apples?

Q: In a past article, you made an error regarding the right to pick fruit from a neighbor's tree when branches overhang the property line. Common law holds that while you may trim overhanging branches of a neighbor's trees, you are not entitled to the fruit on those trees, even after the branches are cut off. That remains the property of the tree owner, even if it is on your side of the fence.

A: Thanks for the legal clarification on that point. By the way, while researching the pros and cons of this issue, I encountered an interesting and pertinent anecdote:

A homeowner was drawn to the attractive looking apples that hung over his fence from the neighbors' yard. He knew he could legally prune the overhanging branches but that the fruit still belonged to the owner of the tree. Being particularly fond of homegrown apples, he contrived as follows:

After pruning the extended branches, he picked the apples that were attached to the severed limbs. Placing them in a bucket, he carried the fruit to the neighbors' front door. Explaining to the tree owners that he was returning their rightful fruit, he apologized that when the branches were cut, two of the apples had accidentally fallen onto a small pile of canine droppings. He assured the neighbors, however, that the soiled apples had been thoroughly washed before being placed in the bucket. The tree owners graciously declined the apples, informing the man that he was entirely welcome to the whole bucket.

Q: I recently bought a newly built home and have found a few minor flaws since moving in. Fortunately, the builders have been very cooperative about repairs. Because I have a one-year warranty and the builders are willing to correct any defects, are there any reasons why I should have a professional home inspection?

A: As often noted in this column, there are people who regard home inspections as unnecessary for new homes, and many buyers have come to regret this erroneous belief. So here again are the reasons why.

All new homes have defects, regardless of the talent and integrity of the builder, because no one can build something as large and complex as a house without human errors taking place at some stages of the process.

Some buyers forego home inspections because they believe defects worth reporting will be noticed during the warranty period. But not all defects are apparent when you live in a home. Some may be in the attic, in the electric service panel or on the roof. They may involve safety violations involving the installation of a chimney or the grounding of electrical outlets. Defects may affect the roof framing, the gas connection to the heater, or drainage conditions under the building. Discovery by a qualified home inspector enables a buyer to take full advantage of the builders' warranty. If you hire an experienced home inspector with a reputation for thoroughness, you'll be surprised at the findings.

• Email Barry Stone, certified building inspector, at barry@housedetective.com.

Distributed by Action Coast Publishing

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