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Tree branches am d fruits over the boundary wall


02-Apr-2025 (In Civil Law)
Our neighbours coconut tree has leaned into our property and the coconuts and the leaves randomly fall into our land making it difficult to access that portion of the property. Falling leaves and coconuts have damaged garden pots , resulted in cracked exterior tile and a neck sprain for my dog. Inspire of requesting the owner is not willing to trim the overhanging leaves. Can I trim the leaves without their permission. Since I don’t need to enter their property will it be considered as trespass
Answers (2)

Answer #1
952 votes
Under property and nuisance laws, you have the right to protect your property from any encroaching branches or leaves from a neighbor’s tree. If the tree's branches or leaves are extending into your property, you may trim them up to the boundary line without trespassing on their property. Since you have already requested the neighbor to trim the branches and they have refused, you can proceed with cutting the overhanging portions that extend onto your land. However, ensure that you do not damage the tree itself beyond your property line, as that could lead to legal disputes. If the falling coconuts and leaves are causing damage, you can also issue a legal notice to your neighbor, asking them to take responsibility. If they fail to act, you may consider filing a complaint under nuisance laws or in the civil court for damages.
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Advocate Vaibhavi Muthinty

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Answer #2
705 votes
Well, you cannot trim their leaves and pluck their coconuts without seeking their permission, despite such leaves and coconuts have been falling either into your area or bungalow. You can send a Legal Notice to opposite party, telling them, to take action on their own by making sure, that, leaves branches and coconuts from their area or bungalow doesn't fall in your vicinity or bungalow or area.
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Advocate Pankaj Bajaj

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