North Facing Corner Plot Plan to Tree Plant on Corner (West) of my Plot
1 year ago
Dear Expert ,I am Residing of my individual Villa Layout i.e North Facing Corner Plot interest to Tree Plant on Corner (West) of my Plot opposite House owner (east) side 30 Feet road there car parking on my corner west side also they don't allow to plant tree in west side of my corner plot road side. He is having own car parking in there house. Kindly advice i have right to plant tree on my corner of my house road is there any legal provision .
A.Dear Client,
The Madras High Court in the decision reported in Batcha Rowther v. Alagappan Servai, AIR 1959 Mad 12, held thus that the owner of a tree has no right to allow the branches of his tree to overhang over the land of the neighbour as this would amount to Nuisance. The Owner of the tree is allowed to reverse the effects of the nuisance if he cuts of the part of the branch of the tree which is overhanging over the neighbour's land. This judgement was later used to establish that roots of a tree that affect the neighbour's land should also be prevented and cut off.
Hence coming back to your situation, you may plant a tree anywhere you wish on your property but please do ensure that the tree does not hamper the rights of your neighbour to enjoy his property without any kind of nuisance.
Thank you, I hope this answer helped you.
The Madras High Court in the decision reported in Batcha Rowther v. Alagappan Servai, AIR 1959 Mad 12, held thus that the owner of a tree has no right to allow the branches of his tree to overhang over the land of the neighbour as this would amount to Nuisance. The Owner of the tree is allowed to reverse the effects of the nuisance if he cuts of the part of the branch of the tree which is overhanging over the neighbour's land. This judgement was later used to establish that roots of a tree that affect the neighbour's land should also be prevented and cut off.
Hence coming back to your situation, you may plant a tree anywhere you wish on your property but please do ensure that the tree does not hamper the rights of your neighbour to enjoy his property without any kind of nuisance.
Thank you, I hope this answer helped you.
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Subhashis Paul
Responded 1 year ago
A.You have complete right to use your own land for any legal purpose. Hence planting tree is a good hobby and it is good for all the citizens so you do not need any separate provision for planting tree in your own land. If any person objects you for the same then you may take legal action against him at any point of time. You even prohibit any individual from parking their own vehicle in your place. They have no right to do the same since its your property and only you have the right to use your land as per your choice only.
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A.Dear Sir,
You have every right to plant tree in your space. It cannot be avoided by your neighbor and you may get issue a legal notice or go to Police Station for getting a help or go to some NGO who is working on environmental issues.
You have every right to plant tree in your space. It cannot be avoided by your neighbor and you may get issue a legal notice or go to Police Station for getting a help or go to some NGO who is working on environmental issues.
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A.Dear Client
When you live in a community like that you need to ensure that by your act no other person or neighbour should be put to inconvenience or discomfort. If your planting of tree in your plot is no where going to harm them any way or their building then ideally you should be allowed to go ahead and all those who are objecting should provide a reason for objection, if any.
When you live in a community like that you need to ensure that by your act no other person or neighbour should be put to inconvenience or discomfort. If your planting of tree in your plot is no where going to harm them any way or their building then ideally you should be allowed to go ahead and all those who are objecting should provide a reason for objection, if any.
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