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Alok Ghadai   28 May 2021

cutting of bended tree and branches of neighbour's tree

Sir, kindly tell me the right approach for cutting neighbors tree which comes to our land, if they didn't cut after informing them many times.


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 8 Replies

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     29 May 2021

 If the neighbour's tree is leaning dangerously in your property causing public nuisance and unlawful obstruction,then after giving legal notice to your Neighbour, you can file criminal complaint before the Magistrate Court under section 133 of Cr.PC for removal of that public nuisance.

Alok Ghadai   29 May 2021

Madam is it legal to cut the leaning branches from our property, is there any role of forest department in this case.
1 Like

Dr J C Vashista (Advocate)     29 May 2021

Pruning and cutting branches of a tree is legal.

Sankaranarayanan (Advocate)     29 May 2021

yes if it giving troubles to you then you can  but it should not be for other reasons.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     29 May 2021

These are normally petty issues, which should not escalate to the level of seeking legal opinion and filing of the case. It is better a proper discussion is initiated with the neighbour, whom you cannot wish away, and solve the problem amicably. If need be, local elders may be roped in to solve the dispute.

sneha jaiswal   29 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that:
When a neighbour’s tree branch is overhanging on another neighbour’s property line, another neighbour has an absolute right to cut the branch up to his property line. The Hon’ble Courts held that a homeowner’s tree right extends indefinitely upward on his property line, and those rights are protected from invasion by a neighbour or an adjoining landowner.
There is a distinction in liability for trees that are of natural growth on the property as compared to trees planted by the landowner or landowner’s predecessor on the property. In some court cases, landowners are not held liable for damages caused by trees or branches on their property from natural growth if they appear structurally sound and healthy. The tree owner can take the defense of the “Act of God”. However, if the damage caused by a falling tree or branch could have been prevented by ordinary care or reasonable diligence the tree owner can’t take the defense of the “Act of God”.
Hope it helps
Regards,
Sneha Jaiswal
Law Student
 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 May 2021

Submit your grievance to forest department/local municipal authorities. The cutting of trees or branches without the permission of the concerned authorities is a grievous offence as per the Forest Protection Act and Environmental Protection Act. According to these acts, the cutting of branches or trees, uprooting of trees are all punishable offences. They are fined heavily and forest officials have the authority to arrest the law- breakers by themselves and send them to prison. 

T. Kalaiselvan, Advocate (Advocate)     29 May 2021

If limbs or branches from your neighbor's trees extend into your property line, you are legally allowed to trim the areas hanging over your property. When trimming them, however, you must stay on your own property. 

Under common law, a person may cut back any branch (or root) from a neighbour's tree that overhangs or encroaches onto their property.

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

A right to property protects the owner from any infringement of that right unless it is sanctioned by law. No man has thus a right to allow the branches of the trees in his land to overhang his neighbour's property.

He can issue notice to the owner of the neighbouring land to cut and remove those offending branches.

No right can arise by prescripttion to continue a nuisance. The overhanging of a branch of a tree does not constitute an occupation of the neighbouring land and does not create a right.

The branches that exists now may not be the same branches that were in existence 20 years back; nor will they be in the same condition. The removal of those branches which had grown in the meantime thus does not affect any right. The owner of the tree acquired no right over the land of the neighbour simply because the branches of his trees extended over the neighbouring soil for any continuous length of time. The law does not countenance a prescripttive right to commit and continue a nuisance.

where a tree encroaches on a neighbour's land, whether by overhanging branches or by the penetration of roots, the adjoining owner can abate the nuisance by lopping the branches or grubbing up the roots. That the encroachment is not regarded as trespass, but as a nuisance, is well settled.


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