In the area between the public street and the wall of Arboleda, a gated community, the association for the community has planted citrus trees. During the months between November and March, the trees have ripe fruit (oranges, lemons, and grapefruit). A problem has developed with the occupants of passing cars stopping and picking the fruit from the trees. The association has a tree maintenance firm
that maintains the trees in exchange for harvesting the fruit. The trees are located on property owned by the association, but, as noted. outside the wall. When the Arboleda security guard asked a passer-by to stop taking the fruit he said, "Hey, it's out here in the open, next to a public road, and it's not a yard. I have a right."
A) The passer-by is correct - public trees are fair game when it comes to their fruit.
B) ?The passer-by is incorrect; he is trespassing because the trees and the fruit belong to the Arboleda association.
C) The passer-by has a right to the fruit because Arboleda has let others take the fruit.
D) The passer-by can take the fruit unless there is a sign posted.
A
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