Nirali Nayak 08 June 2021
Dear team,
I had made a small kitchen garden in my backyard. My neighbour had a bad neem tree beside my garden but within their boundary limit. Due to the heavy rain and wind by the cyclone YAAS which hit us 3 days ago, their tree got uprooted and fell on my garden. The fruits and vegetables in my garden got destroyed. Can I sue my neighbour for this?
Thank You
Sankaranarayanan (Advocate) 08 June 2021
It is by cause of natural calamities not by motivational actions. Keep good rapport with neighbors will help you in future
Vasundhara Singh (Student) 10 June 2021
Hello!
It has been mentioned that the tree was within the boundary limit of the neighbor’s compound and in normal circumstances, it did not interfere with your property. The tree fell into your building due to cyclone YAAS which was an unforeseeable event and was not in the control of the neighbor. You can claim for compensation the damage caused to you but the opposition party will have the defense of Vis Major under torts which means ‘act of god’ as the cyclone could not be controlled by you or the neighbor and he was not at fault when his tree fell into your garden causing damage to your property. Compensation for the loss can be claimed by talking and negotiating with the neighbor to see if he is ready to pay compensation for your damage.
Best regards
Vasundhara Singh
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