Border dispute between neighbour

811 votes

If your neighbor is planting a tree near the edge of your property, here are some key points to consider ¹ ²: - *Ownership*: The tree belongs to the person who owns the land it was planted on. If the tree is on your land, you own the tree, regardless of who planted it. - *Boundary issues*: If the tree's branches or roots encroach onto your property, you have the right to trim them back to the boundary point. However, you should avoid damaging the tree or trespassing onto your neighbor's property. - *Permission*: You don't need permission to plant trees on your own property, but it's considerate to think about how they might affect your neighbor's property, especially regarding shade, roots, or branches. - *Recommended distance*: It's recommended to plant trees at least 10-20 feet away from the property line to avoid future problems with roots or branches. For larger trees, consider setting them back even further. - *Potential disputes*: If the tree causes damage or becomes a nuisance, you may need to discuss the issue with your neighbor or seek mediation. Documenting the issue and any communication can be helpful. - *Local regulations*: Check with your local government for specific laws or regulations regarding tree planting, trimming, or removal, especially if the tree is protected by a preservation order or in a conservation area. To address the issue, you could: - *Talk to your neighbor*: Discuss your concerns and see if you can come to a mutually agreeable solution. - *Check local laws*: Research local regulations and ordinances regarding tree planting and property boundaries. - *Seek professional help*: If necessary, consult with a lawyer or arborist to resolve the issue.

Advocate Narasimhachar M K LawRato

711 votes

You can file a suit for injunction against your neighbor for nuisances and your remedy is to get a relief of injunction. if you prefer exparte interim application for an order of stay without hearing other side so that even if the court take time you will be protected by interim order.

Advocate Bhailappa Chanabasappa Balagali LawRato