Legal Advice

Neighboring tree is causing damage to my house

Question: My neighboring trees over my house roof and destroyed my roof what shall I do?

Advise

Growth of neighboring tree over your house which is damaging your house is an act of nuisance. You have to send a legal notice to your neighbour and request him to cut the unwanted branches so as to protect your house. It is responsibility of your neighbour to prevent any kind of nuisance created by the growth of three.

Nuisance is a legal term that refers to a condition, activity, or situation that causes annoyance, inconvenience, or harm to another person or their property. Nuisances can take various forms, and they are typically categorized into two main types:

  1. Private Nuisance: Private nuisances are actions or conditions that interfere with an individual’s use and enjoyment of their property. Common examples include loud noises, offensive odors, excessive smoke, and encroachments onto someone else’s property.
  2. Public Nuisance: Public nuisances are actions, conditions, or situations that affect the general public’s health, safety, or welfare. These nuisances can impact an entire community or neighborhood. Examples may include illegal dumping, pollution, or activities that disrupt public peace.

Your case comes under the private nuisance. If your neighbour does not want to remove unwanted branches of his tree, then you can initiate a civil suit against him. You can file a civil suit for the removal of nuisance and compensation.

In both private and public nuisance cases, the injured party (plaintiff) may seek legal remedies such as injunction (an order to stop the nuisance) and/or monetary damages to compensate for harm or losses suffered due to the nuisance.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Civil Law

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