Nuisance caused by neighbours tree
Dr. Rohit sakhare
(Querist) 26 August 2015
This query is : Resolved
Respected madam,
I live in maharashtra. Neighbour has a big mango tree which is on the boundary line of common wall between us. The tree has roots in their land while its entire branches in space occupies the area of my property. I am facingla problems such as leaves daily falling for which i have to clean it everyday. This has been continuous last 10 years. To neighbour lady i requested to atleast cut the branches but she makes yell of a noise and talks about misusing women laws against me if i even touched the tree. Uptill now i ignored her but when i am going to extend house by building rooms in my property which is going to take the areial space where the ladys branches hang,she is quarreling and not allowing to touch the tree. I am fed up and now want to teach her lesson this time and want to cut not only the branches but also uproot the whole tree. Pl suggest me what steps to take legally so that i can enjoy my property rights.
M/s. Y-not legal services
(Expert) 26 August 2015
file a suit along with mandatory injunction to remove the occupying branches over your property..
apart from this the problem is very simple one. just answer us., now leaves are falling down., but you you done while mangos were falling? (just for humor)
Anirudh
(Expert) 27 August 2015
Please approach the Tree Officer in your area (Collectorate/SDM's Offfice) and seek permission to cut the branches.
You cannot cut anything without the permission of the Tree Officer. That is an offence.
K.S.Srinivas
(Expert) 27 August 2015
1) if branches of tree are overhanging in your land, you can trim those branches upto the property line.
2) Since your neighbour is not cooperating, you do have laws that protect you. The hanging branches of tree may constitute a nuisance, by interfering with your use and enjoyment of your own property. You could file a nuisance claim, and if the court finds that the true is a nuisance, the court may order the tree removed.
3)The Madras High Court in the decision reported in Batcha Rowther v. Alagappan Servai, AIR 1959 Mad 12, held :--
"The owner of a tree has no right to allow its branches to overhang the land of his neighbour. If he does so the neighbour can cut the branches so long as he could do so without entering upon the land of the owner of the tree. He need not even give a notice to the owner. The owner of the tree cannot acquire any right by prescription to allow his branches to overhang because an old nuisance cannot by passage of time become a respectable nuisance. Merely because the previous owner did not object, perhaps due to his relationship with the owner of the tree, it cannot be said that there has been acquiescence and therefore the succeeding owner is estopped or prevented from claiming relief against the nuisance."
Anirudh
(Expert) 27 August 2015
Much water has flown in the Ganges since the Madras High Court ruling.
Madras High Court ruling at best would come to the aid only to the extent whether the issue in question falls under the category of nuisance. But, the branches cannot be cut just like that without the permission of the Tree Officer.
It is not the question whether one can cut the branches of neighbour's tree - One cannot even cut a Tree which is within one's own compound, without the permission of the Tree Officer.
M/s. Y-not legal services
(Expert) 27 August 2015
thank you for your valuable information mr.k.s.srinivas.,
its useful citation to all of us..
P. Venu
(Expert) 27 August 2015
The legal position stated by Learned Expert Shri Anirudh is a local norm. In many places, for instance, Kerala, no such permission is required or contemplated.
Hence, the queriest can deal with the branches as if the tree stands in his own property.
K.S.Srinivas
(Expert) 27 August 2015
Neighbour's misery, owner's pride.
The author has mentioned that entire branches of the mango tree in space occupies the area of his property. He is facing problems such as leaves daily falling for which he is cleaning it everyday.
It is a nuisance to him.
The author is advised to submit a representation to the Tree Officer seeking permission for cutting of branches which are on your air space and trim the branches after getting the permission. This is required under Maharastra PROTECTION AND PRESERVATION OF TREES ACT, 1975. If permission is not granted, then move court for necessary reliefs.
M/s. Y-not legal services
(Expert) 27 August 2015
i am disagree with our team member mr.anirudh..
"where the overhanging branches cause a reasonable apprehension of damage of crops, the appropriate remedy is the relief of mandatory injunction to compel the owner to cut away such overhanging branches".
no need to get prior permission from the tree officer.
K.S.Srinivas
(Expert) 27 August 2015
The laws relating to preservation of trees are different from state to state.
M/s. Y-not legal services
(Expert) 27 August 2015
"putrayar ..vs.. krishna" -AIR 1935 Mad 31
"bhudep ..vs.. kalchand" AIR 1921 Cal. 129
these citation are supporting my above comment.. dont mistake me for over ride your opinion my brother mr.anirudh.
M/s. Y-not legal services
(Expert) 27 August 2015
trees are important. no body can deny it. same time no one has right to cause nuisance by leaving trees to overhanging on other's land..
Anirudh
(Expert) 27 August 2015
Dear Mr. Thangapandian (Y-not Legal Services), in this LCI everybody has right to give their views - even if it differs from others. That is the benefit for the querist in approching this LCI. He will get various inputs.
Therefore, the question of mistaking you or for that matter anybody simply does not arise.
M/s. Y-not legal services
(Expert) 27 August 2015
yeah., you are right brother mr.anirudh..
anyway thanks for your appriciation..
