Root and tree hamper to our house

584 votes

Yes, you have legal remedies. If your neighbour’s coconut tree roots or branches are entering your property and causing damage to your boundary wall or roof, or creating a safety risk, it may amount to a continuing nuisance. First, preserve clear photographs/videos showing the tree, overhanging branches, roots and any damage caused. A written legal notice can thereafter be issued to the neighbour requiring removal/trimming of the offending branches or roots and prevention of further damage. If the neighbour fails to take necessary action, appropriate proceedings for mandatory/permanent injunction can be initiated before the competent Civil Court. Compensation may also be claimed if actual property damage has been caused. If the tree or its branches are in a dangerous condition and there is an immediate risk of falling, a written complaint may also be submitted to the concerned Municipal/Municipal Corporation authority for necessary action. The appropriate course will depend upon the location of the property, boundary/ownership documents, extent of encroachment and nature of damage.

Advocate Madhumita Chand LawRato

603 votes

If the branches or roots of your neighbour’s coconut tree extend into your property and are causing damage to your roof, boundary wall, or other property, the matter may amount to a private nuisance and, depending on the circumstances, may also involve an actionable interference with your property rights. You should first inform the neighbour in writing and request them to properly trim the overhanging branches and take necessary steps regarding roots that are damaging your property. You should not recklessly cut or destroy the tree yourself, particularly where doing so may damage the tree or create a safety risk. Limited removal of growth that has crossed onto your property may be legally defensible in appropriate circumstances, but it is better to document the condition and give the owner an opportunity to act first. If the neighbour refuses to take action, you may send a legal notice requiring corrective measures within a reasonable period, such as 7–15 days. If the problem continues, you may approach the competent civil court seeking appropriate injunctive relief, including an order requiring the nuisance to be stopped or necessary remedial work to be carried out. Where actual damage has occurred, you may also seek compensation/damages, subject to proof of the loss. Before taking any action, photographs, videos, measurements, and estimates of the repair cost should be preserved as evidence. you need to give a legal Notice

Advocate Benjamin Sishu LawRato