Our neighbour’s DELICIOUS mango tree is growing very tall and strong. One day, we noticed one particular branch is now well within our compound and it’s bearing many fruits! Should we pluck some and eat? Is permission needed from our neighbour? Well, my mother told the neighbour, a friendly uncle that any ‘buah nona’ on his side of the fence is his. What happens if it’s not a friendly neighbour and the tree is not a mango tree but just a nuisance (both the neighbour and the tree)? Well, here’s one good site to visit (click here) if we have any legal matters which we wanted to get some opinions first before going to any lawyer and well, pay for their expertise. Here’s their version on what happens with ‘overhanging branches.’
Article in asklegal.my here. Summary of readings from Asklegal.my said that Malaysia’s law for overhanging branches would be under law of private nuisance. Private nuisance is defined as theunlawful interference with the use and enjoyment of land. There are three elements to private nuisance, all of which must be satisfied if you are to hold your neighbour accountable.
- The plaintiff (you) owns the land or has the right to possess it;
- The defendant (your neighbour) actually acted in a way that interferes with the plaintiff’s enjoyment and use of his or her property; and
- The defendant’s interference was substantial and unreasonable.
Asklegal.my says that if the fruits are in your compound, they are yours! Beyond fruits, if the tree branches have become a nuisance, we may also cut it down BUT we must do the cutting from our side of the fence yeah. A reminder. We cannot take anything that grows in our neighbour’s side of the fence, even if it comes from the same tree…
Public trees? They belong to the government. So, taking any part of such a plant or tree is actually illegal and there will be penalty from the town council. In conclusion, if we intend to remove any part of a tree, make sure it’s on your property. Article in asklegal.my here.
By the way, there are a lot more of these good articles in the site. For example, ‘We can be fired if we leave our company’s Whatsapp group!’ Or this, “Can you break into your own home if your tenant refused to pay rental to you?” The articles are also written in an easy to read manner and I personally love to read them occasionally. Please do visit them often yeah. Tons of resources these days for our property investment journey. Just need to find and share so that these writers have more motivation to write too. Happy reading.
Article written and edited by Charles. News article summarised by Dina Batrisyia.
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