seajae Posted November 10, 2023 Share Posted November 10, 2023 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. Link to comment Share on other sites More sharing options...
Popular Post mfd101 Posted November 10, 2023 Popular Post Share Posted November 10, 2023 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). 6 Link to comment Share on other sites More sharing options...
Popular Post CharlieH Posted November 10, 2023 Popular Post Share Posted November 10, 2023 Go talk to your Pu Yai baan. He will probably either tell you to go ahead or he will know who is involved. 10 3 1 Link to comment Share on other sites More sharing options...
Popular Post RanongCat Posted November 10, 2023 Popular Post Share Posted November 10, 2023 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 2 1 1 1 Link to comment Share on other sites More sharing options...
Popular Post novacova Posted November 10, 2023 Popular Post Share Posted November 10, 2023 You can cut back any growth growing in over your property 4 4 1 Link to comment Share on other sites More sharing options...
Morch Posted November 10, 2023 Share Posted November 10, 2023 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. 1 1 Link to comment Share on other sites More sharing options...
RanongCat Posted November 10, 2023 Share Posted November 10, 2023 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. 1 1 Link to comment Share on other sites More sharing options...
Morch Posted November 10, 2023 Share Posted November 10, 2023 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. 1 1 Link to comment Share on other sites More sharing options...
RanongCat Posted November 10, 2023 Share Posted November 10, 2023 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" Link to comment Share on other sites More sharing options...
Popular Post blackcab Posted November 10, 2023 Popular Post Share Posted November 10, 2023 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. 4 2 Link to comment Share on other sites More sharing options...
Popular Post bob smith Posted November 10, 2023 Popular Post Share Posted November 10, 2023 Cut them down and throw the branches and leaves back over the fence. 1 1 2 1 2 1 Link to comment Share on other sites More sharing options...
NorthernRyland Posted November 10, 2023 Share Posted November 10, 2023 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. Link to comment Share on other sites More sharing options...
NorthernRyland Posted November 10, 2023 Share Posted November 10, 2023 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. 1 Link to comment Share on other sites More sharing options...
brianthainess Posted November 11, 2023 Share Posted November 11, 2023 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. Link to comment Share on other sites More sharing options...
charleskerins Posted November 11, 2023 Share Posted November 11, 2023 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? 1 Link to comment Share on other sites More sharing options...
novacova Posted November 11, 2023 Share Posted November 11, 2023 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 Link to comment Share on other sites More sharing options...
Popular Post bradiston Posted November 11, 2023 Popular Post Share Posted November 11, 2023 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. 1 1 1 Link to comment Share on other sites More sharing options...
jippytum Posted November 11, 2023 Share Posted November 11, 2023 (edited) 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 1 Link to comment Share on other sites More sharing options...
Popular Post prakhonchai nick Posted November 11, 2023 Popular Post Share Posted November 11, 2023 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! 3 1 Link to comment Share on other sites More sharing options...
khunPer Posted November 11, 2023 Share Posted November 11, 2023 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. 3 Link to comment Share on other sites More sharing options...
Popular Post JeffersLos Posted November 11, 2023 Popular Post Share Posted November 11, 2023 Move the boundary fence so the trees are on your side. 3 Link to comment Share on other sites More sharing options...
Chris Daley Posted November 11, 2023 Share Posted November 11, 2023 (edited) 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 1 1 Link to comment Share on other sites More sharing options...
bradiston Posted November 11, 2023 Share Posted November 11, 2023 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. 1 Link to comment Share on other sites More sharing options...
Morch Posted November 11, 2023 Share Posted November 11, 2023 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... 1 Link to comment Share on other sites More sharing options...
bradiston Posted November 11, 2023 Share Posted November 11, 2023 Just now, Morch said: It's pretty easy to get rid of the evidence... It's not stealing 1 Link to comment Share on other sites More sharing options...
Morch Posted November 11, 2023 Share Posted November 11, 2023 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. Link to comment Share on other sites More sharing options...
DJ54 Posted November 11, 2023 Share Posted November 11, 2023 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… 1 1 Link to comment Share on other sites More sharing options...
Popular Post kidneyw Posted November 11, 2023 Popular Post Share Posted November 11, 2023 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. 3 Link to comment Share on other sites More sharing options...
seajae Posted November 12, 2023 Author Share Posted November 12, 2023 (edited) 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 1 1 Link to comment Share on other sites More sharing options...
Muhendis Posted November 12, 2023 Share Posted November 12, 2023 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. 1 Link to comment Share on other sites More sharing options...
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