Damage to property by neighbour's tree branches
24-Sep-2023 (In Civil Law)
Hello, I have filed a complaint with RDO Muvattupuzha to cut branches of my neighbour's property. Neighbour says property where tree is planted is not under his name. But he holds a house and under his name only building tax and land tax is collected. Village officer and RDO tried to convince him to cut the branches which he is not willing. Now the tree branches covers my house and due to it my house roofs sheet started rusting. Can I do something more than just RDO complaint?
The owner of the land on which the tree is growing remains responsible for the tree, its condition and any damage it may cause. With this in mind, you should make every effort to contact the tree owner, asking them to deal with the problem.
If the branches of a neighbour’s tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour’s property, as long as the tree is not under a tree preservation order. If it is, you’ll need to seek further clarification. However, the branches and any fruit on them which you may have cut down on your side still belong to the tree owner so they can ask you to return them.
If the branches of a neighbour’s tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour’s property, as long as the tree is not under a tree preservation order. If it is, you’ll need to seek further clarification. However, the branches and any fruit on them which you may have cut down on your side still belong to the tree owner so they can ask you to return them.
This is a matter RDO can settle or enforce. However, your efforts are of no avail, you can approach a civil court through a civil suit. However, more than the procedure you do not require anyone's permission to cut and remove remove the branches of the tree that cause nuisance to your life and property.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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