Cutting overhanging trees from the neighbours

[seajae]

Not sure if this is the right page but I need to find out if we can cut off branches that are hanging a few meters & some much longer into our yard from the neighbours rubber trees, we have no idea who owns the land as we have never seen then in the 3 years we have been here. We get so much leaf drop into our fountain as well as onto the roof they over hang so I want to cut them back to their side of the fenceline and drop all the branches into their land. In Australia this would not be a problem to do but here I have no idea what is legal and what isnt, can I cut them legally or not. We have the same problem with their palm oil trees on the back block as well, they overhang our trees which are much shorter and need sunlight(frangipani), we have already had an old tree they left growing from our fence and it took out a run of the barb wire when it fell onto the top of it, they just dont seem to care and we as I said we never see them. The problem is they have planted everything too close to the fenceline to use as much area as possible and havent considered  how it effects to their neighbours land.

[mfd101]

Not sure what the law says but the practice here in rural Surin is as in Oz: You cut the offending trees/ branches back to the fenceline (assuming the fenceline is accurate according to the surveyors - which isn't always the case, as we found out from experience).

[CharlieH]

Go talk to your Pu Yai baan.

 

He will probably either tell you to go ahead or he will know who is involved.

 

 

[RanongCat]

You have the right to insist the overhanging foliage  is removed. But would be folly to do it yourself. As  suggested approach Pu Yai Bann . If that has no solution  advise Pu Yai Bann you will  approach Provincial Administration . The Pu Yai Baan  will often be reluctant to  poo in  local nest  but quite happy to be over ruled 

[novacova]

You can cut back any growth growing in over your property 

[Morch]

We (or rather, I) cut anything crossing the line, and that I don't care for.

On two sides there were no neighbors present so no one to ask.

The third side we're friends with the neighbor so asked for politeness sake, he found it funny and said go ahead.

 

Asking out headman such questions would undoubtedly be answered by the traditional what-does-the-foreigner-want-now grunt, followed by a go ahead. Asking his assistant would undoubtedly be answered by it's-complicated-you-need-to-hire-someone-through-me-to-do-it.

 

 

[RanongCat]

3 minutes ago, Morch said:

We (or rather, I) cut anything crossing the line, and that I don't care for.

On two sides there were no neighbors present so no one to ask.

The third side we're friends with the neighbor so asked for politeness sake, he found it funny and said go ahead.

 

Asking out headman such questions would undoubtedly be answered by the traditional what-does-the-foreigner-want-now grunt, followed by a go ahead. Asking his assistant would undoubtedly be answered by it's-complicated-you-need-to-hire-someone-through-me-to-do-it.

 

 

"our" Headman is quite aware of such issues but still not  so happy to  intercede in such disputes. He and I often  wai respectfully in normal community  contact rather than  any conflict interaction. Perhaps  the issue for some is a failure to achieve social and  community  integration. Regardless Thai property  law does  enable a neighbour to  cut back overhanging  foliage . Establishing  justification  via Pu yai baan or higher in the  absence of neighbour  agreement  obviates  being  sued for damage or demise of  trees or income derived from. Never forget Thailand has complex  interpretations of legal issues. Ultimately Provincial administration approval that usually is indifferent to local sensitivities provides lasting indemnity to all  involvd.

[Morch]

1 minute ago, RanongCat said:

"our" Headman is quite aware of such issues but still not  so happy to  intercede in such disputes. He and I often  wai respectfully in normal community  contact rather than  any conflict interaction. Perhaps  the issue for some is a failure to achieve social and  community  integration. Regardless Thai property  law does  enable a neighbour to  cut back overhanging  foliage . Establishing  justification  via Pu yai baan or higher in the  absence of neighbour  agreement  obviates  being  sued for damage or demise of  trees or income derived from. Never forget Thailand has complex  interpretations of legal issues. Ultimately Provincial administration approval that usually is indifferent to local sensitivities provides lasting indemnity to all  involvd.

 

Yeah, ours is just mostly lazy and don't like to be bothered. Most of the trees I cut aren't fruit trees. Neighbor cuts our bananas when they overhand on his side, we do the same when his our on ours, it's all good.

[RanongCat]

Just now, Morch said:

 

Yeah, ours is just mostly lazy and don't like to be bothered. Most of the trees I cut aren't fruit trees. Neighbor cuts our bananas when they overhand on his side, we do the same when his our on ours, it's all good.

Lucky  you. I think the OP was referring to  rubber trees  which present  issues  more than  just  "overhang"

[blackcab]

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.

[bob smith]

Cut them down and throw the branches and leaves back over the fence.

[NorthernRyland]

for what it's worth I used to watch a Thai construction channel on YouTube and I remember him stating very clearly you can not encroach on the neighbors land in Thailand. 

 

In fact my wife's parents house had some neighbors which built right up to the wall and built a roof extending over their outdoor kitchen which attached to the wall and would spill water on to his property when it rained. They did get it resolved but it's disheartening there are people her who would ever consider this proper. 

 

100% go to the village head and have him mediate this for you because it's common Thai people will get nasty and passive aggressive if you confront them, even if they're clearly wrong according to the law.

[NorthernRyland]

1 hour ago, RanongCat said:

Perhaps  the issue for some is a failure to achieve social and  community  integration.

I saw a story a couple weeks ago of an Italian man in Chiang Mai which freaked out after there neighbor wouldn't stop burning and ended up attacking and breaking the sons nose. Specially the Thai people cited how he was not friendly and integrated into the moo ban. I agree this goes a long way to resolving problems.

 

If OP doesn't know the people and the neighbors he should get mediation otherwise they may take it as some pesky Farang not fitting in a behaving badly.

[brianthainess]

15 hours ago, bob smith said:

Cut them down and throw the branches and leaves back over the fence.

Yes after all it's their property, I seem to remember some law, maybe in the UK or Oz you must. 

[charleskerins]

17 hours ago, novacova said:

You can cut back any growth growing in over your property 

You can in America   I have done it  BUT I told the neighbor   much better to find out the local custom before doing it-no?

[novacova]

32 minutes ago, charleskerins said:

You can in America   I have done it  BUT I told the neighbor   much better to find out the local custom before doing it-no?

No. No one here in these parts don’t really care. No need to worry about trivial home care matters 

[bradiston]

17 hours ago, blackcab said:

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.

Here's a link to the relevant section.

 

https://library.siam-legal.com/thai-law/civil-and-commercial-code-property-section-1335-1355/#:~:text=A tree which stands upon,being borne by them equally.

 

An excellent online reference. Of course, always best to talk to the neighbours first, but if it's a rubber plantation, I don't see any problems in doing it yourself willy nilly.

[jippytum]

I had this problem at my house in Pattaya with offending bamboo. My missus went to the police station and was advised to cut the offending branches in line with our boundary. The police captain gave his card to present to our Next door neibours to confirm. If fruit bearing trees the fruit must be returned. 

Edited November 11, 2023 by jippytum

[prakhonchai nick]

Many many years ago I asked my neighbour to cut his overhanging bamboo. He duly came into my garden, cut numerous bamboo poles, stripped them all of leaves and minor branches then left with the poles. Refused to clean up the mess. That night I threw all the leaves and everything else over the fence into his garden.  He has not spoken to me ever since!!!!!!!!!

 

Some weeks later he cut down all his bamboo!

[khunPer]

If you have a Thai speaking partner, I would suggest you let her(/him) visit the local Tessa Ban-district office and ask for advice there. You will probably be allowed to cut overhang vegetation, but just in case there are some local regulations, I would ask first.

[JeffersLos]

Move the boundary fence so the trees are on your side. 

[Chris Daley]

My last neighbors placed piled of dog <deleted> along the side of his house.  Could smell it all day especially when the sun hit.  I guess the fact that they bark all day everyday wasn't enough for him.  Not sure how you could communicate cutting over hanging branches. 

 

Maybe some diagrams on a chalk board, a gift of coconuts and some dancing.

Edited November 11, 2023 by Chris Daley

[bradiston]

1 hour ago, jippytum said:

I had this problem at my house in Pattaya with offending bamboo. My missus went to the police station and was advised to cut the offending branches in line with our boundary. The police captain gave his card to present to our Next door neibours to confirm. If fruit bearing trees the fruit must be returned. 

No. The fruit is yours if it drops on your land.

[Morch]

1 minute ago, bradiston said:

No. The fruit is yours if it drops on your land.

 

It's pretty easy to get rid of the evidence...

[bradiston]

Just now, Morch said:

 

It's pretty easy to get rid of the evidence...

It's not stealing

[Morch]

6 minutes ago, bradiston said:

It's not stealing

 

I wouldn't consider it a crime, a Thai neighbor might.

Construction workers next door (Thai and Myanmar) asked for permission to cut fruit (bananas, coconuts) over or near that side.

Coconuts I don't mind if they can manage it without crossing into our land, bananas I cut for them (for the nicer crew, anyway) so that I'll know to chop the plant off afterwards. For some reason, they don't eat the flower.

[DJ54]

Make it easy…. Hire someone to cut the limbs back to the fence / property line and have them haul off the limbs etc. Putting in the neighbors yard could cause a habitat for unwanted critters…. or fire hazard. Shouldn’t be very expensive… 

[kidneyw]

Had a problem with the neighbours banana trees, which overhung into my property and blocked the gutters. I just used to cut everything back to our borderline wall and dumped all the cut banana leaves over the wall into his property. Never an issue or a discussion.

[seajae]

21 hours ago, bradiston said:

Here's a link to the relevant section.

 

https://library.siam-legal.com/thai-law/civil-and-commercial-code-property-section-1335-1355/#:~:text=A tree which stands upon,being borne by them equally.

 

An excellent online reference. Of course, always best to talk to the neighbours first, but if it's a rubber plantation, I don't see any problems in doing it yourself willy nilly.

this is very informative and actually helps with another problem of a neighbour near our other block that built their land up around 50cm higher from  being lower and now floods our land everytime it rains(slowly killing our plumeria/frangipani), by these regs is appears they have to rectify he problem, these regs also appear to show that the over hanging trees can be cut back,

Thanks everyone for your replies it is greatly appreciated, have attached a pic to show what I mean, this is right along a 40 metre fence line as well as palm oil tree fronds along a 40 metre fencline on another block and overhaning several metres as well that drop and break the branches off our trees.

 

Edited November 12, 2023 by seajae

[Muhendis]

On 11/10/2023 at 8:29 PM, bob smith said:

Cut them down and throw the branches and leaves back over the fence.

Correct.

Bits of tree that enter your property without a visa still belong to the tree owner so that's who you should give the to.