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Coconut trees planted by my neighbor creating problems to us
21-May-2023 (In Civil Law)
Hello folks. I have a problem with my neighbors two coconut trees which have been planted touching my boundary wall which happens to be common. Good part is that we built that common boundary wall. Bad part is that one part of the boundary wall Has almost been displaced with all the tree roots jutting out from the bricks. Around 5 feet of the tree trunk is in their home and the rest is in ours. The tree grew that way. We asked them multiple times to cut the tree but he didn't take any action. The problem reached a worse situation when my wife was walking near the wall and a huge branch almost fell on her head. Luckily she had jumped so she escaped in time. I brought this to his attention but he says it's not his problem. The other side has a coconut tree which extends on our balcony g+1 home. It's rubbing against the balcony wall and already broke a pipe when there was heavy winds blowing in the area. When this was told, same response. Please let me know if there is a legal recourse
Dear Client,
You can get two course action. First action is that, the tree is almost in your site. You have absolute right, title, over your property including the tree portion which bent into the property. Then you can all tree cutters and cut the same to the extent which fell in your site. Second action is legal which takes time. You must issue a legal notice to your neighbor and get a suit filed and take order from the court directing the opposite party to cut the tree which causes harm to your family and in default you take the direction from the court for cutting the tree by yourself that is to say by engaging tree cutters and claim the costs of suit and damages for mental agony and labour for cutting tree. The same answer holds good for g+1 home balcony`s rubbing tree also.
You can get two course action. First action is that, the tree is almost in your site. You have absolute right, title, over your property including the tree portion which bent into the property. Then you can all tree cutters and cut the same to the extent which fell in your site. Second action is legal which takes time. You must issue a legal notice to your neighbor and get a suit filed and take order from the court directing the opposite party to cut the tree which causes harm to your family and in default you take the direction from the court for cutting the tree by yourself that is to say by engaging tree cutters and claim the costs of suit and damages for mental agony and labour for cutting tree. The same answer holds good for g+1 home balcony`s rubbing tree also.
Helpful?
210+
210+
Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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Can I stop my Neighbour planting trees?
Report a nuisance case under section 133. You can file a complaint at the nearest police station for nuisance against your neighbor. The police will remove the tree at your neighbours expense because it is a nuisance to the public. 21-May-2018
How far should a coconut tree be from the house?
How far away from a building should a coconut be planted to prevent its roots damaging the structure? As far as the roots are concerned, six feet should be enough. Consider the nuts and leaves when calculating the distance. 16-Jan-2021
Can we cut coconut tree without permission?
Can we cut coconut trees without permission?
Hi
Since the roots of the coconut tree are in the neighbour's property, the neighbour is solely responsible in ensuring that the tree is maintained within his premises and that the tree does not damage your compound wall or cause any injury to you or your family members
File a case of nuisance under section 133 of Cr.p.c in the nearest police station against your neighbour.
Since it is a public nuisance police will have the tree removed at the expense of your neighbour.
Since the roots of the coconut tree are in the neighbour's property, the neighbour is solely responsible in ensuring that the tree is maintained within his premises and that the tree does not damage your compound wall or cause any injury to you or your family members
File a case of nuisance under section 133 of Cr.p.c in the nearest police station against your neighbour.
Since it is a public nuisance police will have the tree removed at the expense of your neighbour.
Helpful?
66+
66+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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you can seek injunction for removal of trees and not plant trees within your boundary which causing injury to your property against your neighbour and mere filing criminal cases here wont help so please be advised restraint order against your neighbour
Helpful?
100+
100+
Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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You can file an nuisance case under section 143
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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