Disturbance from neighbour
Malay Bhattacharya
(Querist) 13 October 2014
This query is : Resolved
Sir,
I have a fully matured Coconut Tree just besides the boundary wall with the neighbor. Some times during rainy season coconuts falls on the toilet roof covered by "TIN"of my neighbor and then they shouting a lot for it . Now they are claiming for damage of "TIN" and they call upon me and fores me to cut the Coconut Tree. Though I have already offered to pay for the damage of the TIN and assured him to dress the said tree frequently. But they do not accept my offer and force me to cut the tree immediately. We are being disturbed a lot every time. Please advice me... Should I Cut the tree?
Sudhir Kumar, Advocate
(Expert) 14 October 2014
Your neighbor is correct. He has title over his land upto sky. You have no right to hang your tree in his premises even if you are willing be bear the damage.
You will be crushed under the damage if the coconut falling therefrom kills of incapacitates any earning member or worker in his premises.
Till the time you cut the tree they can also redeem the harvest in their area.
K.K.Ganguly
(Expert) 14 October 2014
1. From your statement it appears that more that you your neighbours are disturbed for your coconut tree you have planted in your area but has protruded into his area,
2. He has the right to live peacefully without any damage caused to the tin of the roof of his toilet which has been legally constructed in his area by the coconut falling from your coconut tree which has crossed into his area,
3. Legally you are required to give him relief,
4. Cut the tree or settle the matter with him amicably.
Rajendra K Goyal
(Expert) 14 October 2014
Try to have amicable settlement and if he still persist get the tree cut.
malipeddi jaggarao
(Expert) 16 October 2014
Hope you will agree with the unanimous opinion of all experts.
Sudhir Kumar, Advocate
(Expert) 16 October 2014
Agreeing with Mr Ganguly, I will further add that you yourself said that the coconut falling from your tree damages the roof of the toilet. So it is not mere case of nuisance or material loss. The personal privacy of the family (must be including women).
So act fast.
T. Kalaiselvan, Advocate 
(Expert) 18 October 2014
Such damages may pose threat to human life too, hence act fast and better arrive at an amicable situation or cut the tree to avoid any criminal case that may shoot up as consequence.
