What to do if a Neighbours tree is affecting you India?

exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line. decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. You do not have to return anything you trim from the neighbour’s tree but you may do so.

Can I ask my Neighbour to cut his trees in India?

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 prescription to continue a nuisance.

Can I make my Neighbour cut his trees?

You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you cannot compel the owner of the trees or hedge to carry out this work or pay for it.

What can I do about my Neighbours overhanging trees?

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

Is it an Offence to cut down trees?

It is a criminal offence to prune, fell, damage or harm a protected tree, unless the works are exempt. You must get our permission before carrying out any works to a protected tree, or receive an unlimited fine or criminal conviction.

Do you need permission to cut down a tree in India?

No permission is required to cut down trees and plants of certain species in certain part of the State. The Union Govt have the power to provide exemption to cut trees in protected areas/ reserved forests as well, with Compulsory Afforestation. Is cutting trees legal in India? Is there any law? No, cutting trees is not legal in India.

What can I do about my neighbours overhanging tree?

If you have a neighbour’s tree hanging over your land, you can: exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself.

What happens if a tree falls on a neighbor’s property?

If a tree falls on your home from a neighbor’s property, it is your homeowner’s policy that will cover the damage. But that doesn’t mean that there is no way to protect yourself if your neighbor is willfully ignoring a dead, dying or leaning tree.

Can I claim back the cost of cutting down my neighbours tree?

If you have incurred costs in cutting back the roots and branches on your side of the boundary, you probably will not be able to claim them back from the tree owner. But if the roots of your neighbour’s tree have damaged your drains or a branch falls on your house, they will probably have to pay.