Neighbor's Tree is damaging my house

554 votes

Step 1: Legal Notice Send a legal notice to the neighbor demanding: Immediate trimming of overhanging branches and roots. Compensation for existing damage if necessary. Step 2: Municipal Complaint File a complaint with Kolkata Municipal Corporation (KMC) under the Kolkata Municipal Corporation Act, 1980. KMC can direct the neighbor to prune or remove hazardous trees. Step 3: Civil Suit (if neighbor refuses even after notice) File a civil suit for injunction and damages: Seek mandatory injunction to cut/trim branches. Claim damages for roof and structural damages. Step 4: Self-action (Careful Use): You are entitled to cut only the part of the tree (branches, roots) that intrudes within your boundary. However, hire a professional arborist for safe trimming to avoid disputes later. --- 4. Important Points to Remember: Environmental Laws: If the trees are protected species (not in your case - Mango and Araucaria are not protected species in general), no special permission is needed to cut parts within your land. No Full Tree Cutting: You cannot cut down the whole tree unless you get permission from the Municipal authority or Court.

Advocate Rehman Khan LawRato

770 votes

I am not aware of your area/city/village/municipality/panchayat. You can file civil injunction in your local civil court for removal of nuisance. Municipal laws contain provision for removal of such nuisance with prior permission of Municipal Commissioner. In Panchayat law, there must be similar provisions. Please provide your area address, municipality/panchayat for exact legal remedies to remove the tree branches causing nuisance to you and damaging your property. For additional information contact me : GIASUL ISLAM, Advocate. Calcutta High Court.

Advocate Giasul Islam LawRato