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Dhanasekar (Advocate)     04 February 2017

Neighbours tress

Dear Experts,

My neighbour planted Ucaliptus Trees at bund our our agriculturallands which used to cultivate paddy. Nowadays such lands yeild were drastically reduced bacause of the shadows of trees. Several a  times we have have requested him to remove those trees, but went in vain.

1. Do we have any leagal on the above matter?

If yes, What should I do with him?

 

 

Kindly advise.

 

Regards

Dhana

 

 

 

 

 

 

 

 



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 February 2017

Legal action cannot be taken. Cutting trees is an offence under the law and Dharma shastras. No losses with trees but more benefits. Neighborhoods and homes that are barren have shown to have a greater incidence of violence in and out of the home than their greener counterparts. Trees and landscaping help to reduce the level of fear. Shade from trees slows water evaporation from thirsty lawns. Most newly planted trees need only fifteen gallons of water a week. As trees transpire, they increase atmospheric moisture. The beauty of a well-planted property and its surrounding street and neighborhood can raise property values by as much as 15 percent.

Studies have shown that patients with views of trees out their windows heal faster and with less complications. Children with ADHD show fewer symptoms when they have access to nature. Exposure to trees and nature aids concentration by reducing mental fatigue.

Dr. Atul [9013898936] (Lawyer, Scholar)     04 February 2017

 

That would be an easement right to light. Technically, a person deprived of his easement right to enjoy property has a right to approach through a suit for injunction. Practically, how much a Court will bother about a suit for easement? Your guess is as good as mine [shrug].

Bryant v. Lefever, (1879) 4 CPD 172: "It is to have all natural incidents and advantages, as nature would produce them; there is a right to all the light and heat that would come, to all the rain that would fall, to all the wind that would blow; a right that the rain, which would pass over the land, should not be stopped and made to fall on it; a right that the heat from the sun should not be stopped and reflected on it; a right that the wind should not be checked, but should be able to escape freely; and if it were possible that these rights were interfered with by one having no right, no doubt an action would lie. But these natural rights are subject to the right of adjoining owners, who for the benefit of the community, have and must have rights in relation to the use and enjoyment of their property that qualify and interfere with those of their neighbours, rights to use their property in various ways in which property is lawfully and commonly used."

 

Originally posted by : Rama chary Rachakonda
Children with ADHD show fewer symptoms when they have access to nature. Exposure to trees and nature aids concentration by reducing mental fatigue.

 

Huh??


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