What’s the maslah concerning if for example my neighbour’s fruit tree has a branch with fruits on it hanging over on my side of the fence, are those fruits hanging on my side liable for me to pick without the neighbour’s permission or do I still need his consent although its hanging over on my side of the fence?
You need his permission to pick those fruits to use them. If you pick the fruits without his permission, then you will have to give the fruits to your neighbour (who is the owner of the tree). The hanging branches with fruits being on your side of the fence does not give you the allowance to own/claim the fruits.
And Allah knows best.
Mufti Waseem Khan