Nuisance by neighbor (tree trimming request)

Querist : Anonymous (Querist) 28 September 2020 This query is : Resolved
I am in builder floor and same building in ground floor owner plant some trees in their front area but now tree is growing day by day and covered my balcony due to which my outside view is blocked and bats are also coming in my home
I complained to my maintenance team to trim the tree, but ground floor owner not allowed them to trim the tree.

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Isaac Gabriel (Expert) 28 September 2020
Report to the local body. If not obliged, seek the help by gigving community petition .

Dr J C Vashista (Expert) 29 September 2020
Mr./Ms. Anonymous,
Whether the house is located in a village or municipality ?

Dr J C Vashista (Expert) 29 September 2020
Plantation of tree do not constitute any nuisance as alleged.
Consult a local prudent lawyer for appreciation of fact, professional guidance and necessary proceeding.

Querist : Anonymous (Querist) 29 September 2020
But these are independent floor and no one can not block anyone balcony with tree. Where you have rights to their floor only. you have rights on gourd floor front area but tree Hight should be in their limit only

A. A. JOSE (Expert) 29 September 2020
If possible, you may bear with it and enjoy the beauty of the tree which emits essential oxygen to you too. If not possible, take the help of the local body or the Flat Owners' Association if any.

Rajendra K Goyal (Expert) 29 September 2020
Keep informing in writing to the association / maintenance staff to trim the extra branches.

Also take up the matter with municipality.

Whether the trees planted are in common area of the building?

If so, objection from lower floor may be overlooked by the maintenance staff.

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Querist : Anonymous (Querist) 29 September 2020
its a private builder society where ground floor have front lawn ,so tree ownership with ground floor owners only .He is not allowing maintenance team to enter their area to trim the tree.

P. Venu (Expert) 29 September 2020
The facts posted suggest no real cause of action.

Rajendra K Goyal (Expert) 30 September 2020
It is doubtful that the front lawn is the property of ground floor owner.

Whether the fact is mentioned in their sale deed?

Whether have they paid for this extra land?

Whether have they authority to have temporary / otherwise structure constructed on this land?

Generally, such land is common property of all flat owners and can not be defined of the individual.

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