Legal Question in Environmental Law in India

What is my recourse if a neighbour cuts the branches of my tree overhanging his property? What are his rights to the space above his land vs my rights to protect the life of my tree?


Asked on 10/15/11, 8:46 pm

3 Answers from Attorneys

Mahesh Gupta Medico-legal Advocates and Consultants

I do not think you have a recourse if a neighbour starts cutting branches of your tree overhanging his property. He has a right to enjoy his property and you have no right to obstruct him from doing so.

It would be prudent for the neighbour from a legal point of view to give you a notice to remove the over-hanging branches at your expense within a period of, say, 3 weeks, failing which he would get it done on his own and pay the expenses and send you the bill in this regard to recover the expenses from you which you would be under a legal obligation to pay and for non-payment of which he can file a suit of recovery against you.

Your neighbour has full rights to the space above his land. You have no right to compromise his rights in the garb of your supposed "right to protect the life of your tree".

--M C Gupta

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Answered on 10/15/11, 9:50 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

agreed rightly advised

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Answered on 10/16/11, 12:38 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may seek permission from the appropriate authorities for cutting such portion of the tree as are branching out of your property.

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Answered on 10/16/11, 3:43 am


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