Typically, in the judgment 04/2019/DS-ST dated March 6, 2019 on a civil obligation dispute by the People's Court of Ham Thuan Bac district, Binh Thuan province, the first instance trial of the case:
"In 2012, when plaintiff Mr. Phan Van T constructed the medium voltage line and distribution substation 50KVA – 12.7/0.23KV Phan Van T, construction site: Hamlet 01, commune H, district H, then made a written agreement with Mr. Ho Xuan T and some other households so that the overhead medium voltage line would not pass through the households' land.
In May 2018, the electricity department cut off the power to Mr. Phan Van T because the overhead power line passing through the boundary of Mr. Ho Xuan T's house was entangled in the branches of three eagle trees planted on the ground. Mr. Phan Van T asked Mr. T to cut down the branches of the eagle tree, but Mr. T did not agree because if the tree branched many times, the tree would die. on his family's land, affecting the value of the land. Therefore, Mr. Phan Van T has filed a lawsuit asking Mr. and Mrs. Ho Xuan T to comply with the previous agreement to let him cut down the branches of the eagle tree and cover the power lines with plastic."
The court has made a decision: Accept the petition of plaintiff Mr. Phan Van T Force Mr. Ho Xuan T and Ms. Nguyen Thi G to let Mr. Phan Van T perform the chopping of branches 03(three) The distance from the highest point of the tree in the vertical direction to the height of the overhead medium-voltage bare conductor is two meters and two medium-voltage lines are covered with plastic, the section passing through the boundary of Mr. Ho Xuan T's land.
The Court's decision is in accordance with the law, because:
Firstly, the fact that Mr. Phan Van T pulled the power transmission line through Mr. Ho Xuan T's land was in accordance with the agreement of the parties and Article 255 of the Civil Code 2015 of Vietnam.
Article 255. Right to install electricity transmission cables and communication cables through other immoveable properties
An owner of immoveable property has the right to install electricity transmission cables and communication cables in a reasonable manner through the immoveable property of other owners, but must ensure the safety and convenience of such owners. If damage is caused, compensation must be made.
Secondly, based on Point c, Clause 1, Article 12 of Decree 14/2014/ND-CP detailing the implementation of electricity in terms of electrical safety: For lines outside cities, towns and townships, the distance from the highest point of the tree vertically to the height of the lowest conductor when in the state of maximum sag is not less than the distance specified for voltage levels up to 35KV for bare conductors is two meters. Therefore, the Binh Thuan Department of Electricity to cut off the power to Mr. Phan Van T for the reason that the power line is entangled with branches is completely in accordance with the law.
Thirdly, Mr. Phan Van T's request to cut down the branches of the eagle tree for the construction of plastic wrapping of the overhead power line to ensure a safe distance in accordance with regulations is in accordance with the agreement of the parties and the provisions of the law of Vietnam.
Pursuant to Article 274, Article 275, Article 276, Article 281 of the 2015 Civil Code, Mr. Ho Xuan T is obliged to allow Mr. Phan Van T to cut down the branches of the eagle tree to ensure a safe distance from the electricity industry. This obligation arises from the agreement signed between the parties (Clause 1, Article 275).
Therefore, Mr. Ho Xuan T is responsible for performing his obligations, the fact that Mr. T thinks that if he cuts down the branches of the eagle tree many times, the tree will die and the wire will walk on his family's land as a photo affecting the value of the land is completely unfounded.
In conclusion, when agreeing to let others pull the power transmission line through their land, they should perform the obligation to let them cut down tree branches when necessary to ensure the safety of the grid corridor, especially in the rainy season to avoid causing damage to people and property affecting the interests of themselves and others.
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