Neighbor’s tree branches

[Tazmo]

My neighbor’s coconut tree branches ( some) are over on my roof and yard.

 I have asked her to cut it 2 weeks ago and also messaged the Agent who let the property. But no reply.

She had cut them in the past and so did the Agent.  But not helpful this time!

 I have searched the web and found one answer from an Estate Agent who quoted a legal case whereby sufficient notice was given, then the branches were removed, when no action was taken be the tenant/ owner.

This would imply that I can do the same, it means me paying for it to be cut and removed!

But I was wondering if anyone has had a similar situation or can advise from legal counsel/experience.

Many Thanks 

[IvorBiggun2]

Quote

 

The legal position comes from section 1347 of the Thailand Civil and commercial code.

Section 1347. The owner of a piece of land may cut off and keep roots of a tree or bush which have penetrated from the adjoining piece of land.

He may also cut off and keep overhanging branches after giving the possessor of the adjoining piece of land reasonable notice to remove them,

such notice not having been complied with.

 

 

[CMBob]

While you may exercise legal rights, it would seem to me that a friendly (or non-hostile) neighbor is somewhat desirable.  So, why not

ask again (If you are willing to pay some or all of it, maybe that makes the neighbor more agreeable).

[Bill97]

1 hour ago, CMBob said:

While you may exercise legal rights, it would seem to me that a friendly (or non-hostile) neighbor is somewhat desirable.  So, why not

ask again (If you are willing to pay some or all of it, maybe that makes the neighbor more agreeable).

Oh yes.  And if not successful talk with the Phuu Yai Baan.

[metisdead]

A post offering unhelpful advice has been removed.

[Tazmo]

Thanks for the replies. The property is owned by a foreigner, so I suspect the Phuu Yai Baan is the registered Owner, as with most properties here that are bought by foreigners. She has not replied to my request. I might go to see her.

 I have tried politeness with the neighbor but to no avail! Even though my wife has helped her in the past with translation!

[novacova]

On 6/17/2023 at 2:30 AM, Tazmo said:

This would imply that I can do the same, it means me paying for it to be cut and removed!

Correct! The branches are over your property, the branches belong to you and is your responsibility 

[LogicThai]

15 hours ago, Tazmo said:

The property is owned by a foreigner, so I suspect the Phuu Yai Baan is the registered Owner, as with most properties here that are bought by foreigners.

That's an interesting notion, that would deserve some more detail.

[indyo]

I had the same issue, I bought a bottle of alcohol for neighbor and requested to cut it, it worked.

[Tazmo]

Thanks all, problem solved after communications with neighbor; Housing Agent ; Niti ( Person in charge of the Moo Baan)..

Sorry if I misled others, but it was her I was referring to as “ Phuu Yai Baan”.

[Dante99]

18 minutes ago, Tazmo said:

Thanks all, problem solved after communications with neighbor; Housing Agent ; Niti ( Person in charge of the Moo Baan)..

Sorry if I misled others, but it was her I was referring to as “ Phuu Yai Baan”.

Oh do please tell us how it was resolved.  Who is cutting and paying?

[Tazmo]

The neighbor arranged for it to be cut and will pay.

The man who cut it gave us 2 coconuts! All’s well that ends well!

[Bill97]

1 hour ago, Tazmo said:

The neighbor arranged for it to be cut and will pay.

If there are coconuts the cutter usually pays for them so the owner receives money and does not pay.

[IvorBiggun2]

Some years back, after starting the build of our house, I lined up the boundary markers. To do this I hacked back my neighbour's  overhanging tree branches. When she came home she wasn't too happy and physically attacked me. My mother in law phoned the police and a policeman responded within 10 minutes. Upon my MiL explaining the situation to the policeman he ordered the neighbour to cut the tree branches back to the boundary markers and he waited the 2 hours it took for her to do the task. Hard for me now to say a bad word about Thai police.    

Edited June 20, 2023 by IvorBiggun2