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How to claim ownership of tree planted by neighbour on my land


14-Feb-2023 (In Property Law)
3 years ago My neighbour farmer planted 125 eucalyptus trees on just near common boundaries of field. Tree are now 50 feet long and harming my crob by stop sun light, shaddow , tillering and water consumption. On 3 acre boundries i have loss of 3 bigha crop production. I objected to neighbiur but he refuse to cut the tree before 8 years and saying that he planted tree in his own land. When i took nishandehi by rev. Patwari the neighbour farmer found kabza on my land with 5 feet on all 3 boundaries. So tree was planted on my land and i have to take kabza on tree with 5 feet land along with all 3 acre boundaries. The neighbour is giving kabza to me but saying that he will cut the tree because he planted them. I am not willing that he cut the tree. Tree are planted on my ownwership land so i m owner of trees. 1. Who will be legally owner of tree 2. Who will cut the tree 3. if plantation done between 10 feet from boundaries then neighbour have half share in tree by act or not.
Answers (1)

Answer #1
817 votes
As it is clear that the trees were planted on your land and they qualify as "kabza" now, as you have demarcated the property the trees which stand/grow on your land are your property. You are free to do anything with them.

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