07/10/2022 10:57

Solutions when a neighbor's fruit tree falls through others' house

Solutions when a neighbor's fruit tree falls through others' house

It is quite common for neighboring trees to branch and spread out on the earth on our own land and sometimes we still pick food. However, if fruits such as coconut, durian ...fall through the house and can be dangerous if they hit people, is it permissible to ask neighbors to cut trees?

Comparing with the law on the case of trees between two bordering families in Articles 175 and 177 of the Civil Code in 2015

“Article 175. Boundaries between properties

...

2. A person having land use rights may use the airspace and the sub-surface according to the vertical dimensions of the boundaries around the land as prescribed by law and may not interfere with the use by other persons of the adjoining land.

A land user may only plant trees and performs other activities within the area covered by its land use rights and according to the defined boundaries. If the roots and branches of trees extend beyond the boundaries, such person must clip and prune the parts of the trees beyond the boundaries, except as otherwise agreed."

“Article 177. Safety guarantee with regard to trees or constructions posing risks of causing damage

1. Where there is a danger that a tree or a construction will collapse onto an adjoining immoveable property, the owner must cut down the tree or repair or demolish the construction at the request of the owners of adjoining immovable property or a competent authority. If such person does not cut down the tree or demolish the construction, the owner of an adjoining immoveable property may request a competent authority to procure that the tree be cut down or the structure be demolished. The expenses for cutting down the tree or demolishing the construction shall be borne by the owner of the tree or the structure.

2. ...

3. If damage is caused to the owners of adjoining or neighboring properties prescribed in Clauses 1 and 2 of this Article, compensation must be made."

Thus, it can be seen that in accordance with the law, when a neighbor's branch spreads through his house, the neighbor must be obliged to cut and prune the excess, unless otherwise agreed by the two families. If the trees are likely to fall on the neighbor's house, measures must be taken to cut down the trees. However, the law does not clearly stipulate the case of fruits falling through other houses, causing danger to them. So in fact, how this case is resolved by the court, we refer to the following judgment.

Judgment No.02/2022/DS-PT on the dispute over sewerage, space and request for termination of acts obstructing the legal use of land.

According to this Judgement, Ms. M uses the land plot No. 36 and Mrs. Ly H, Mr. T, uses the land plot No. 235 as the adjacent household to her family. Ms. M said that Mrs. H and Mr. T have violated her land use rights, specifically:

On the land next to the border, Mrs. H and Mr. T have planted trees such as: Coconut, CAU, queen, reindeer, buckwheat, coconut and 01 other crop. And the coconut tree, the fruiting palm tree and the leaves that go up on the roof, the path of her family, can affect people's lives when the coconut tree falls, other crops cover the space on her border and fall down on her land.

And the coconut tree, the fruiting palm tree and the leaves that go up on the roof, the path of her family, can affect people's lives when the coconut tree falls, other crops cover the space on her border and fall down on her land.

According to the minutes of on-site review and appraisal, the trees planted by the defendant's family with remnants (branches) passing through the land of the plaintiff Mrs. Tran Thi M include: 03 cauliflower trees, 01 queen tree, 07 coconut trees, 01 tree (cobblestone), and her string. Particularly for the coconut trees that have been planted for a long time, the stem grows high, the coconut ship and the coconut fruit fall through the front yard and the entrance gate of Mrs. M's house can endanger human life.

Since then, the People's Court of Soc Trang province has declared to accept the lawsuit petition of Mrs. Tran Thi M. Force Mr. Tran Quoc T, Mrs. Ly Ngoc H to cut down 04 coconut trees, cut down the branch of the ship 03 coconut trees with remnants through the land of Mrs. M, cut down 01 branch of cauliflower tree, trim her string on the cow's wall to the land of Mrs. M. The cost of cutting trees, branches and leaves on the side of Mr. T and Mrs. H must be borne.

Thus, in fact, if the neighbor's tree falls through your house which may be dangerous, you can ask the neighbor to prune branches or cut trees on a case-by-case basis to ensure everyone's safety.

 

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Nguyen Sang
52


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