Neighbour's tree posing threat to property

Ranjana (Querist) 05 August 2020 This query is : Resolved
My neighbour has a big old tree which is very close to our house. The branches get removed occasionally, but the tree itself is old and is posing threat to our house especially during monsoon, with the heavy rain and wind. We did file a complaint to panchayat, but didn't hear back from them.
We talked to the owner as well. But he always ignores.
If the tree falls and destroys the property, is there any legal action that can be taken to get compensation?

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A homeowner is concerned about an old, large tree belonging to their neighbour that poses a significant threat to their property, especially during monsoon season. Despite attempts to resolve the issue through the local panchayat and direct communication with the neighbour, the problem persists. The discussion explores legal avenues, including potential compensation if the tree falls, and highlights Section 133 of the Criminal Procedure Code as a possible remedy for imminent danger, with local bodies also authorised to act in some regions.

Dr J C Vashista (Expert) 06 August 2020
How far the tree exist from your wall, which may damage your property or cause any threat to it ?
Since the tree is stated to be an old one, what sort of problem is being posed now ?

Dr J C Vashista (Expert) 06 August 2020
Have to informed local municipality or panchayat and environment department /authority for posing threat by the old tree for your life or property ?

Shilesh Patel (Expert) 06 August 2020
The matter lies under Torts but you should give a written complaint to the municipality.

Rajendra K Goyal (Expert) 06 August 2020
Try to have amicable settlement, discuss with your neighbor, try to get permission from forest department / administration to cut the tree, if the tree is old and can be dangerous.

K Rajasekharan (Expert) 06 August 2020
Removal of of a tree which is likely to fall and thereby cause injury to persons living in the neighbourhood can be done by the Executive Magistrate of the district or the subordinate officers, under the Section 133 of the Criminal Procedure Code.

If the danger is so imminent the Executive Magistrate can direct removal of the nuisance with in a short time. That is probably the most effective remedy available for an aggrieved person who is living under the threat of any dangerous tree that may fall on his house or the people around causing injury.

In some states like Kerala the panchayat raj act also authorises the Village Panchayat to remove such nuisance when any complaint is received from any aggrieved person.

Isaac Gabriel (Expert) 06 August 2020
The local body can solve this amicably,if need legally.

Ranjana (Querist) 07 August 2020
First of all, thanks a lot to everyone who responded to the query :)
We did try through panchayat in the past, but this owner guy has some influence there, so that didn't quite work out in our favor.
But now sub collector has issued an order to cut down trees which are posing threat, or else the land owner will be responsible for the losses that might happen.
Monsoons are pretty strong here in Kerala and we have had a lot of mishaps like this. This is why the order has been issued now. Anyway, now the owner has somehow agreed to remove the tree.

Rajendra K Goyal (Expert) 08 August 2020
Hope for some positive development in the given situation.

Hemant Agarwal (Expert) 10 August 2020
1. Your original query is dated 5th and on 7th you say about collectors order.

2. IT is damn surprising that within 48 hours, you managed to get Sub-Collector's order for cutting down the tree. Does seem to be a fictional query.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Ranjana (Querist) 11 August 2020
You misunderstood that. The order was not for our problem!
It was meant for the whole district, because of the monsoon.

Isaac Gabriel (Expert) 11 August 2020
Neverthless, you are the man who draw attention.of tha Adminisyration towards the dosaster .Anyway keep in touch with responsible officials.

Rajendra K Goyal (Expert) 11 August 2020
Approach the concerned authority for necessary orders / permission.

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