Three years ago, my neighbor, a farmer, planted 100 eucalyptus trees close to the shared boundary of our fields. Now, these trees have grown tall, blocking sunlight and affecting my crops by hindering their growth and water absorption. This has resulted in a loss of nearly two acres of crops. Despite my protests, my neighbor refuses to cut the trees, claiming they are on his land. However, a recent land survey confirmed that five feet of the trees are actually on my property. My neighbor is willing to cede this five-foot strip but insists on cutting the trees. I’m not willing to let him cut them as they are now on my land, making me the rightful owner. So, who legally owns these trees? Who has the right to cut them? And if the trees were planted within ten feet of the boundary, does my neighbor have any right to claim ownership or share in the trees according to the law?
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Based on Indian law, the trees are legally owned by you as they are growing on your land. You have the right to cut them. However, if the trees were planted within ten feet of the boundary, your neighbor might have a claim for ownership under the Indian Easements Act, 1882, as the trees would be considered “encroachments” on your property.
- Apni Law answered 2 years ago
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