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Obstruction to house access due to trees builder not helping


08-Mar-2023 (In Property Law)

Sir I have purchased a duplex (row house) from a builder. At the time buying the land was under mortgage so I didnt knew the exact location of the land purchased by me. There are two mango trees just outside to my duplex. It was expected that he will remove the tree from my main gate before handing over. Upon completion he told that the tree will be cut in due course. Now even after 1 year of handing over and repeated remimders he is not removing those trees which are obstructing my acess to the duplex. Kindly provide your valuable guidance 

Answers (2)

Answer #1
987 votes
If the trees are standing on the main road then before cutting the same you are require to take permission from district administration / municipal corporation. Even if builder will cut the same he is also required to take permission . So better you take permission and get it cut.
Answer #2
910 votes
reviewed your query: Sir I have purchased a duplex (row house) from a builder. At the time buying the land was under mortgage so I didnt knew the exact location of the land purchased by me. There are two mango trees just outside to my duplex. It was expected that he will remove the tree from my main gate before handing over. Upon completion he told that the tree will be cut in due course. Now even after 1 year of handing over and repeated remimders he is not removing those trees which are obstructing my acess to the duplex. Kindly provide your valuable guidance

opinion:
you are required to file a civil suit in court for direction to the builder to get the trees removed opposite your house. you have good winning case.

regards
raghvendra Singh raghuvanshi
Advocate-High Court of MP, Indore

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