Problem facing by neighbor as they planting big trees near my house

Dear Client,

The right to seek preventive relief before damage happens is well established. I will advise you to file an application before the civil court for a temporary injunction under order XXXIX rule 1 of the CPC restraining your neighbour from planting or maintaining trees whose roots or branches are likely to cause structural damage to your property.

Courts have granted such injunctions on the basis of expert evidence that the trees, once grown, will damage the adjacent structure. Engage a civil engineer or structural expert to give a written opinion on the likely damage risk from the specific trees being planted at the current distance from your wall. This expert report is your primary evidence.

However, it is at the same time recommended that you also issue a notice, by a lawyer, to your neighbour that the planting of the trees close to your wall and building may cause damage and, therefore, should be uprooted or planted elsewhere.

This notice puts your neighbour on legal notice and if damage occurs after this notice and your neighbour has ignored it, their liability becomes clear and uncontestable.

Under the Indian Easements Act and common law tort of nuisance, a property owner is liable for damage caused by trees on their land that encroach upon or damage an adjacent property. You can file a complaint with the local Municipal Corporation or Panchayat as well  most local bodies have rules governing tree planting near boundary walls. If the trees are already planted and roots are beginning to affect your foundation, file a complaint under section 268 BNS which talks about public nuisance as well, depending on the extent of the risk.

I hope this helps, and if you have any further issues, do not hesitate to contact us.
 

Dear Sir,

If the threat is serious and immediate, or if the neighbour continues despite objections, you may file a civil suit seeking a permanent injunction restraining the neighbour from planting or maintaining trees at a location likely to cause damage to your property. Along with the suit, you may seek a temporary injunction directing the neighbour not to proceed further until the matter is decided by the court. The court may appoint a commissioner or rely on expert evidence to assess the likelihood of damage.

Firrst talk with your neighbour that planting trees near your boundary wall or house may damage your property and advise him not to do it and remove all those big trees he planted . Otherwise if the trees he planted damage his property you will bound to filed complaint petition before Hon'ble deputy or file for before police station and have to engage an learner advocate to serve legal notice or case of civil nature against your neighbour for damages , injunction etc.

Dear Client, 

In case your neighbor plants such huge trees near your home in such a manner that they pose a threat to your structure by damaging any part of your property like walls, roof, foundation, or anything else that affects your use of your property in any way, you can start with raising this matter politely. You could ask your neighbor to plant those trees farther away. Should the problem persist despite your warning, you can send a letter to the municipality or panchayat of your area asking for inspection and taking action where required. In case of serious damage or danger to the structure due to such trees, you can approach a civil court and get an order of injunction against such activities.

I hope this helps and if you have any further issues do not hesitate