Neighbour's trees overhanging my property

[Guderian]

My Thai neighbour's got a lot of banana trees growing on his side of the boundary wall. This guy does not live in the village where my house is located, so to get to his house I have to drive all the way through the village and then along a couple of streets, and the few times I've tried to get hold of him in the past he's never been there.

I quite like the banana trees, they're nice and green and provide some useful shade at the back on my house. Sometimes, though, the banana flower decides to grow over my pathway. I've always managed in the past to push or lever the flower and fruit while it was still fairly small back over the other side of the wall. Now I find there's one growing over my pathway that's making a mess of the place with dripping liquids and falling flower debris, and it's so big and the tree is already leaning against the wall that it's not possible to push the flower back over the other side.

What are the Thai rules/laws on this, can I just hack the banana flower off as it's over my property and making a mess as well as causing an obstruction? Or do I have to (somehow?) get hold of the neighbour to sort it out? And if so what if I can't get hold of him, I've lived here for over four years and have never even seen the guy?

Thanks for any help.

[mcfish]

Just wrap a large garbage bag around it.

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[Guderian]

Just wrap a large garbage bag around it.

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And what will that do, kill the flower and fruit? Is that allowed in Thailand? My GF seems to think that the owner of the banana tree could demand compensation if I damage the fruit, even though it's hanging over my property. I don't think that would happen back home, but Thailand has so many weird laws and rules you never know.

[HooHaa]

jesus take a chance. either bag it or remove it.

if he complains give him 500 baht or a bottle of booze.

[Guderian]

if he complains give him 500 baht or a bottle of booze.

Why on earth should I? I simply want to know the legal situation here and what my rights are.

[ThaidDown]

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.

[Guderian]

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.

Ah right, thanks. Any idea what the phrase 'giving the possessor....reasonable notice...' means? Can I just pop a note in his letter box and a week later cut the fruit off, or is it one of those legal things where a formally written letter has to be given to the guy in person?

[keeniau96]

Good to have that info on the official code. Probably a letter under his door would do, keeping a photo of you doing such notification.

[steven100]

if he complains give him 500 baht or a bottle of booze.

Why on earth should I? I simply want to know the legal situation here and what my rights are.

geeezzze ... ! well go hire a lawyer !!

[Guderian]

if he complains give him 500 baht or a bottle of booze.

Why on earth should I? I simply want to know the legal situation here and what my rights are.

geeezzze ... ! well go hire a lawyer !!

Once lawyers were mentioned, I understood where you were coming from, thanks

[Guderian]

Good to have that info on the official code. Probably a letter under his door would do, keeping a photo of you doing such notification.

No chance of putting it under his door as the whole plot is a compound with no access. They must have a letter box at the gate though, so hopefully putting it in that would be enough.

To be honest the situation, at least as far as I can make head or tail of it, is unusual in that the large plot of land has a big house on it that's empty almost all the time. Once or twice a year, usually around Songkran and New Year, a bunch of young Thais descend on it, party for a day or two, and then disappear back where they came from, Bangkok maybe? I am living in Pattaya. There's also a small bungalow on the plot and I assume that they have a full-time caretaker-come-gardener living there looking after the property most of the year, except that he seldom seems to be there either. That's why I mentioned earlier that it's very difficult to get hold of anybody in this place.

[cornishcarlos]

Just cut it down...

You think he knows how many flowers he has

[Guderian]

Just cut it down...

You think he knows how many flowers he has

I'm no expert, but I think one banana tree equals one flower equals one bunch of fruit. It's hard to miss something as big as a banana tree, and if there's no fruit I guess he'll wonder where it went. I don't really want to get into an argument with the neighbours for obvious reasons, plus the family that own the plot must have some serious money as the land alone is worth around 40 million Baht at today's prices. I expect they could afford a better lawyer than me.

[cornishcarlos]

Just cut it down...

You think he knows how many flowers he has

I'm no expert, but I think one banana tree equals one flower equals one bunch of fruit. It's hard to miss something as big as a banana tree, and if there's no fruit I guess he'll wonder where it went. I don't really want to get into an argument with the neighbours for obvious reasons, plus the family that own the plot must have some serious money as the land alone is worth around 40 million Baht at today's prices. I expect they could afford a better lawyer than me.

So bag it and go have a beer then

[mcfish]

Just cut it down...

You think he knows how many flowers he has

I'm no expert, but I think one banana tree equals one flower equals one bunch of fruit. It's hard to miss something as big as a banana tree, and if there's no fruit I guess he'll wonder where it went. I don't really want to get into an argument with the neighbours for obvious reasons, plus the family that own the plot must have some serious money as the land alone is worth around 40 million Baht at today's prices. I expect they could afford a better lawyer than me.

Get your woman to do it for God's sakes. Thai women are fearless unlike the majority of farang who seem to be terrified of 4ft thai men

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[taninthai]

Look nice I would just leave it,think of all the free banana you will have in a few months?

[uksomchai]

if he complains give him 500 baht or a bottle of booze.

Why on earth should I? I simply want to know the legal situation here and what my rights are.

You have no rights so just grow a set and chop the thing back !

Or get a very good, very expensive lawyer and fight the thing in court where after spending huge amounts of cash you will get nothing any way !

[ammagic]

Even 4 ft Thai men have guns. Personally I would cut it without contacting the owner. Have lived in Thailand too long!

[cornishcarlos]

Come on flower, ave some...

[canuckamuck]

You can just cut the flower part off, people eat those. It should take care of the mess and there will still be bananas later. Also you can eat the flower.

Edited March 12, 2016 by canuckamuck

[KittenKong]

Good to have that info on the official code. Probably a letter under his door would do, keeping a photo of you doing such notification.

As far as I know to be legal any notification must be sent by registered letter, as then you have proof that the person received it and when.

All our condo AGM notices are sent out this way to comply with the law. It costs a few 10s of Baht.

[shunter]

Move into the city where there are no tree's.

What a sad life the O.P. must lead if he or she gets so uptight about tree's overhanging their property.

[cornishcarlos]

We are in the process of clearing our new plot at the moment. We told one neighbour what we are doing and pointed out that his palm trees were growing into our plot, either he could trim them back or we could do it for him.. The other borders owner is not around, we have cut all that back already...

[trogers]

Welcome to Thainess. No matter how rich they are, they will still plant near to their property line without considering the radius of the tree spread. To maximize free land area...

[AlexRRR]

Welcome to Thainess. No matter how rich they are, they will still plant near to their property line without considering the radius of the tree spread. To maximize free land area...

They plant on the boundary in Australia too, its not a Thai thing.

As for the Op, grow a thicker skin and enjoy the bananas when there ripe.

[Borzandy]

if he complains give him 500 baht or a bottle of booze.

Why on earth should I? I simply want to know the legal situation here and what my rights are.

If your neighbour is Thai, you have no rights.

[HooHaa]

Just cut it down...

You think he knows how many flowers he has

I'm no expert, but I think one banana tree equals one flower equals one bunch of fruit. It's hard to miss something as big as a banana tree, and if there's no fruit I guess he'll wonder where it went. I don't really want to get into an argument with the neighbours for obvious reasons, plus the family that own the plot must have some serious money as the land alone is worth around 40 million Baht at today's prices. I expect they could afford a better lawyer than me.

Perhaps that is some context you should have provided.

Do you honestly believe these people ever give you or a single bunch of bananna any thought?

Talk of making a mountain out of a mole hill.

Man up, remove the offending fruit.

[Briggsy]

if he complains give him 500 baht or a bottle of booze.

Why on earth should I? I simply want to know the legal situation here and what my rights are.

You are looking at this the wrong way. This is not farangland.

If you have high status, e.g. commissioned police officer, local politician, you can take all of his bananas from the whole of his property and he must thank you for picking them by grovelling at your feet.

If you are something like a binman or a temporary agricultural worker, then whatever the law says you will have to pay triple for whatever you damage or take plus whatever he says you damaged or took and get held in the police station for a couple of days and you will have to pay them too.

Have a look at a troop of macaques and see how they interact in relation to the order of superiority and you will get an idea how this place works.

[SOUTHERNSTAR]

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.

Ah right, thanks. Any idea what the phrase 'giving the possessor....reasonable notice...' means? Can I just pop a note in his letter box and a week later cut the fruit off, or is it one of those legal things where a formally written letter has to be given to the guy in person?

Talk to your neighbour annd agree to share the fruit. If you ask him to cut the tree it will be frowned upon as its is food that you are throwing it away by cutting the tree.

[alanrchase]

Fun for foreigners.