However, you can ask them to do so, especially if they harm your property. In such a case, you are completely at their mercy, and if they reject your request, you have no legal recourse. 2) Better to trust your neighbors before taking the drastic measure. If you have talked to your neighbour about the tree problem and he has done nothing about it, you have laws that protect you. The tree can be a nuisance by interfering with your use and enjoyment of your own property. You can sue for harassment, and if the court finds that the truth is harassment, the court can order that the tree be removed. – The conflicts that may arise from trees to the boundaries of the property are described below with their solutions. Admittedly, the opposing party applied to the magistrate in which it claimed that the applicant`s palm tree leaned dangerously above the asbestos roof, so that the occupants of the house feared a danger to their lives and property as a wall and to the lives of others visiting their house, and that appropriate measures could therefore be taken under article 133 of the Criminal Code. The magistrate issued a notice stating the reason and, taking into account the report of the local police and the applicants who had not presented any justification, ordered the removal of the overhanging tree.
That order was challenged by the applicants before the Judges of Sessions and, after the order of the Judges of Sessions, the applicants appealed to that Court. Even in cases where trees obstruct your view, have branches that overhang your property, or are generally considered aesthetically unpleasant, you don`t have the right to ask them to cut down their trees. Although there is usually no law that defines the minimum distance from the property line at which a tree can be planted, a good rule of thumb is to always plant a tree at a sufficient distance to reach its maximum size without the trunk growing beyond the property line. At common law, trees that exist at the property line are considered the property of the parties on both sides of the property line, and if the tree is to be removed, they share the cost of removal. In general, you can prune anything small, large trees may require a permit. 10. Leaning trees against the neighbour`s roof or a dilapidated house adjacent to a neighbour`s house if the human life of the neighbour`s occupants is in danger may give rise to an action before a judge within the meaning of Article 133 § 1 (d) of the Code of Criminal Procedure. and the magistrate would have full jurisdiction to deal with the application and make the appropriate orders if he is satisfied that the facts and circumstances satisfy the requirements of section 133 § 1 (d) of the Code of Criminal Procedure for the judge to be able to make a conditional order to remedy the harassment in question. 1) If tree branches protrude from your property, you can cut those branches down to the property line. However, if the tree was planted by one of the neighbors, they will have to bear the full cost of removal.
This is because by planting the tree at the property line, they essentially interfered with your property by planting part of the tree on your property. And since they are the ones who caused the problem, they are usually the ones who have to bear the cost of resolving the situation. Trees at the property line are generally considered to be jointly owned. Since you are legally considered a shareholder in such a tree, such a tree cannot be removed without your permission. You are also entitled to all benefits arising from the sale or profitable use. No, unless you have your neighbour`s permission, you cannot plant a tree at the edge of your property. This is because it causes you to invade their property – as the tree grows on both sides of the property – and this is considered a form of intrusion. Therefore, they can sue for you to uproot the trees.
They may also deter you from doing so, as such an act violates their rights. 3. The petitioners are the members of Part Two. The sub-divisional magistrate, Cuttack, asked the applicants to explain why one of their palm trees, which is located near the house, with an asbestos roof of the first part, opposing party in the Misc. The case is not abbreviated because the inmates of the house are endangered because of the overhang and the knowledge of the said palm tree of the applicants. Instead of stating the reasons, the applicants questioned the continuation of the proceedings before the trial judge on the grounds, inter alia, that a danger to the members of the first party did not constitute a public nuisance and that, consequently, an application under Article 133 of the Code of Procedure could not be maintained. The session judge came to the conclusion that, having regard to the facts and circumstances of the case, an application under Article 133 of the Code of Procedure could be granted, but that since the mandatory conditions laid down in Article 141, paragraph 2, of the Code of Procedure had not been met, the Session Judge annulled the judge`s order of 4.1.1981 and referred the proceedings back to the S.D.M., Cuttack with the direction that it must comply with legal requirements under section 141 or any other provision applicable to the facts and circumstances of the case. As the applicants were aggrieved by that order, they turned to the court, inter alia on the ground that the procedure provided for in Article 133 of the Code of Criminal Procedure could not be maintained at all. If the trees planted by the neighbor are poisonous, or if they interfere with a sidewalk, utilities or the prospect of an intersection, you can call local authorities. They can then remove the trees if they believe it is in the public interest to do so. Some homeowners associations have strict rules about the type of trees you can plant or how tall they are allowed to grow.
If the trees you have a problem with violate the code, you can contact the association and ask your neighbor to remove them. Some trees in your county or state are protected and require a permit from the city to prune or remove them. So, while you have the right to prune your neighbor`s tree, you must first make sure it is legal. It all depends on the ongoing legal proceedings before the court of first instance in your city. or if you file a civil action, the status of civil cases in the district courts depends on it. Start by issuing the legal notice. It is clear that while the title of Chapters X to B refers to “public nuisance”, the title of section 133 refers only to a conditional order to eliminate harassment. The term “harassment” has not been defined in the Code of Criminal Procedure, but section 2 (y) of the Code of Criminal Procedure provides that words and expressions used in the Penal Code which are not defined but defined in the Indian Penal Code have the meaning ascribed to them in the Penal Code. Chapter XIV of the Indian Penal Code deals with offences against public health, safety, convenience, decency and morals, and Section 268 of this chapter refers to “public nuisance”.
Under article 268 of the Criminal Code, anyone who commits or tolerates an unlawful omission that causes harm, danger or general nuisance to the public or to persons in general who live in the vicinity or occupy property, or that must necessarily cause harm, obstruction, danger or harassment to persons who may have reasons: to use a public right. Thus, under the Indian Penal Code, an unlawful act or omission by a person that endangers or harasses persons living or occupying property in the vicinity of th3 in general would constitute a public nuisance. This definition must be taken into account when interpreting Article 163 § 1 (d) of the Code of Criminal Procedure. Trees should be planted 3 to 4 feet from the property line to allow for future growth. Some state laws differ in this regard and you may need to refer to your state`s Tree Ordinance and plant trees on private property. 9. It is now appropriate to examine certain decisions cited in the judgment of the Bar Association, in particular the judgment of the Court in which differences of opinion were found.