• Neighbour nuisance

Hello Sir/Madam,

Please advise on the following troublesome situation I am facing with my neighbour building owner & its occupants;
- frequently the neighbour building occupants park in our building parking area and when asked to remove their vehicles start a terrible fight using vulgar language
- the neighbour building owner planted a tree in the space between my building and hers. The tree is now fully grown and its branches with insects enter my flat and also enters our parking area causing inconvenience to my tenants. When asked to remove the tree from our area, she gives threats of going to the police etc even if we try to remove the branches from entering our area.

Please advise what is the legal recourse here.
Thanking you.
Asked 4 years ago in Property Law
Religion: Other

3 answers received in 1 hour.

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12 Answers

Sir file a police complaint next time someone enter your premises for trespassing and if they start fight for abuse and assault.

further since from fact it looks she is women and she is taking advantage of same so you should go and register a complaint before hand and further you should take to make boundary to your building so that they donot enter.

Further a civil suit can be filed for injunction against the neighbour and the occupants.

for tree you need to take permission from the municipal and forest department citing the damages and you can remove same from the premises. you need to make application before the forest officer.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You need permission from muncipal corporation for trimming the branches of the tree

2) file suit seek injunction restraining neighbouring building residents from parking in your parking area

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Give a compliant in the police station under IPC Section 506, 341, 34, 504 and 448 including life threat and disturbance of private life. You also claim a damage for the tree which is causing you health issue and other nonsense.

Sudhindra Bhat
Advocate, Bangalore
51 Answers

Not rated

You can file a Complaint to Dy Registrar about the said acts. You can also file police Complaints against the illegal activities. You can take permission from municipal authorities to trim the tree.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

hello

the neighbor is guilty of criminal intimidation and trespass. he has also caused a public nuisance by planting trees and inconveniencing you. therefore file a complaint in the local police station against intimidation and threats and for using bad language. you should not get threatened if he goes to the police, you have a strong case against him and therefore you should proceed accordingly.

regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

1. If they start a fight and resort to abuses then you should file a complaint in the nearest police station.

2. If police complaint also does not mend the neighbour then a suit for permanent injunction can be filed to restrain the neighbour from doing anything that violates your right to peaceful enjoyment of the property.

3. Also seek directions from court to order the neighbour to trim the branches.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. FIRSTLY file an FIR at the local police station, against the alleged offences (intimidation, threat, trespass)

2. IF the Police fails to take action, THEN file private complaint before the local Magistrates Court.

3. ALSO can file Writ Petition before the Local High Court, seeking restraining order against the neighbors infringement and violations.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

This is my response to you:

1. File a formal complaint to the society;

2. If she does not respond then send her a legal notice;

3. Since you have mentioned a foreign country then you penal provisions can be used against her for "disrupting peace";

4. Therefore take action against her in a civilized manner.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You need to take the help of the police in case you neighbour is doing any encroachment in your area by any way.

If any plant is purposely planted to obstract any service that may be removed.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. this is a case of nuisance and annoyance caused by neighbour

2. parking of vehicles of neighbouring building occupants in your area is a criminal trespass on your property

3. spreading of branches from the planted tree is also a nuisance and annoyance to you

4. for (2), you can file a police complaint as well as an independent civil suit for injunction against neighbours to not enter into your property

5. for the tree problem, you can write to the Municipal Corporation to have the branches trimmed if your neighbour does not accede to your request to trim the branches

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

1. If they park their vehicle in your area, you can first construct a boundary wall circling your area with gate where they won't be able to enter.

2. If construction of boundary wall is not possible, you shall have to lodge a police complaint against them for parking their vehicle in your area causing inconveniences to you and also for assaulting/abusing you when you ask them to remove their vehicle.

3. If police refuses to register FIR based on your complaint, you shall have to file a Writ Petition before the High Court praying for a direction upon the police to register FIR, investigate and act based on your complaint.

4. It will be prudent on your part to audio/video record their ill behaviour/assault to submit before the police as a supportive evidence.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

When a neighbour extends an olive branch, it’s usually a sign of peace and harmony. But when the branch extends over your fence and casts a shadow over your fledgeling veggie patch, it’s a source of neighbourly annoyance.

Trees and plants tend to ignore the invisible lines that divide you with your neighbours. And when overhanging branches or encroaching roots start to become a big problem, they can start a dispute between neighbours.

In a Madras high court in Rowther Vs. Alagappan in AIR Mad 1959, the court has held that the owner of a particular land has no right to allow his trees to overhang on the lands of his neighbour and that he cannot acquire any right by prescription and that if he allows his trees to overhang, the person aggrieved can cut off the branches of the trees. No prescriptive right can be acquired to have an over-hanging tree which is ever growing and changing.

pls file a complaint before the Municipal /panchayath office.if they are inactive(Municipal /panchayath office) then pls approach civil court for relief and remedy.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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