Hemanth 16 August 2021

One of the tree branches hanging over neighbour compound

We have been in this property since last 10 years and there are some trees like Jack fruit tree and coconut trees since the same time well within our compound not even touching the boundary. Our neighbor are there long before than us and have never complained about the hanging branches in there compound because they also had plants and shrubs which branches hanging in our compound and we were cleaning all the fallen leaves and flowers as a good neighbor.

Two years back neighbor cleaned there whole property and built a two storey house, since then they are forcing us to cut the branch hanging . We did oblige and told them that they can cut the branches by themselves if they feel it is creating problem, but they did not and forced us to cut the branches. We also did cut the branches twice in our energy and expenses, but now their demands are getting increased and they are getting impatient. They fought with us in abusive language involving other people and forcing us either to cut down whole tree or we should only cut the branches. They are also cleaning their compound and putting all the garbage in our compound, which we did not complained about yet.

With this background of the issue and based on state law, we are seeking legal advice to know our stand on this.

Can neighbor force us to cut down the tree or branches in our property even though we have already given them the permission to cut the branches that they feel giving issues ??

Can local authority like Municipality force us to cut down the trees, if they complained against us ?

Should we contact our local authority first ?

These daily quarrels from them is disturbing our peace of mind, so what should be our next step of action ??

We appreciate your all kind advice on this and help us to sort out the issue once and for all in legal and within laws.

Thank you.

Mangalore, Karnataka

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2 Replies

Kevin Moses Paul 18 August 2021

As per the entire situation that you've narrated above, let me inform you that as per the common law, a person may cut back any branch (or root) from a neighbour’s tree that overhangs or encroaches onto their property.

However, in cutting back any overhanging branches (or encroaching roots) the following must be observed:

⭕ you must not trespass onto the land on which the trees are growing,

⭕ branches or roots must not be cut back beyond the boundary in anticipation of them overhanging,

⭕ any branches, fruit or roots that are removed must be carefully returned to the tree owner unless they agree otherwise,

⭕ make sure that all the work is carried out carefully,

⭕ you cannot alter the height of trees or hedges on neighbouring land. While not required under common law, it would be courteous to notify the tree owner of your intentions to help allay any misunderstanding,

⭕ be aware that your common law rights are intended to allow you to carry out the minimum amount of work.

Now, also acknowledge the fact that entering someone's property, without permission, to cut a tree would undoubtedly be illegal and come under trespass, so that's something you're neighbours can't do without your permission.

However, you must inform you neighbours that in accordance to the law a person is entitled to cut off any branches overhanging his/her property provided you return them to the owners.

But, while cutting down the branches he/she (your neighbours) must take proper care that cutting down the branches does not cause any sort of damage to the property.
For example:- Your neighbours should avoid damaging property or carrying out the work in such a way that it should not leave the tree unsafe or dangerous, in order to prevent any sort of comeback against yourself as well as him.

In addition to this matter let me enlighten you about a fact that the law only allows Tree Trimming & Tree Cutting up to the property line, which means there's no question to cut the entire tree and no one can force you to do so.

Thus, in case of any issue you're neighbour can cut the branches of the tree extending to their compound by themselves, rather than forcing you to cut down the branches.

In the matter of Smt. Manikkam V/s Smt. Kamala on 14 February, 1986 the Kerela High Court held that —
"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"

I've laid down the link for the said matter below, feel free to check it out for more input —
https://indiankanoon.org/doc/1732448/

Hope It Helps!

Regards
Kevin M. Paul

Hemanth 21 August 2021

Hello Kevin,

Thank You for your response on this matter. Really Appreciate it.

Following up to this , just trying to find out what authority does local municipality hold in this matter ? If neighbor contacts municipality which we are sure they would, can municipality force us to trim the branches even though the tree is in our premises and they do not have any rights on it( hopefully) ?

Also, as I mentioned above that we also have coconut trees in our compound. The coconut trees till now did not cause any issue to neighbor and coconuts when fall , they fall well with in our compound, but stretching this issue, neighbor can also come to coconut trees as well and they can complained that falling of coconut or its leaf may cause damage. Even though we are ready to compensate if any damage caused, can they force us to cut down the coconut tree and are we really liable of any damage caused by falling coconut?? Can falling of coconut or its leaves come under "Act of Nature"? Just mentioning again that coconut tree are there since more than 10 years and neighbor was well aware of the coconut tree before constructing the new house.