Neighbor's dangerous tree

[Papichulo168]

What is a course of action to take if I want a tree (coconut tree) planted inside a next door neighbor's property cut down because it will endanger my property during a typhoon? The nieghbor is just renting the lot and does not want to cooperate about the tree's removal.

[Pooh Bear]

You should talk to the owner of the property about your concern. Afterall, the owner's the only one who can decide about it.

[Papichulo168]

I talked to him already and like I said, he doesn't want to cooperate about it. He doesn't want the tree cut down.

[agave]

Is there any particular reason why it is a danger to property? Is it too close to power line? If so, that should be a power company responsibility.

Is it too close to your structure? How close? Are you or the neighbor or both of you encroaching on the other's property, or violating minimum setback/easement requirement? If so, maybe that is a matter to bring to the government (city engineer?).

[albert_b]

Meralco lang ang alam ko na pwedeng pumutol and its because it is endangering a power line. You will need to prove na in the event a typhoon hits your area, the tree will pose serious danger. You can raise that up to the barangay para they will mediate between you and the owner.

Perhaps a compromise? Trim the tree regularly yung mga dead branches and remove niyo nalang yung mga bunga kapag may typhoon na parating. Ako kasi mismo will try find other ways para naman ma-save yung tree.

Just a thought, siguro merong sentimental value yung puno na yun to the owner kaya he wants to keep it.

[May27]

di ko pa na-research pero sabi byenan ko di daw maganda meron coconut tree malapit sa house dahil malawak daw gumapang ang ugat... totoo ba yun? ang alam ko lang ay yung mga malalaking puno like mango or balete.

[Tharaki]

Originally Posted by May27

di ko pa na-research pero sabi byenan ko di daw maganda meron coconut tree malapit sa house dahil malawak daw gumapang ang ugat... totoo ba yun? ang alam ko lang ay yung mga malalaking puno like mango or balete.

maliliit pa sa hinliliit ang mga ugat ng niyog, so inde siguro. problem ko naman, yung kapitbahay ko, nagtanim ng mangga sa pagitan ng lote namin, mismong tabi ng bakod. gusto ko ngang putulin habang maliit pa kung wala sila.

[Pooh Bear]

Ah okay, I thought it was the lessee who didn't want to cooperate.

For neighbors who don't get along, the Barangay is always there to help them settle their disputes.

[agave]

As a last resort, there may be...the 'salt' option? Will that work on coconut tree?

[Pooh Bear]

Originally Posted by agave

As a last resort, there may be...the 'salt' option? Will that work on coconut tree?

Salt option?

[albert_b]

salt will damage some trees. Pero coconut hindi naman ata, eh nasa tabi nga siya ng dagat, di ba? :-)

About the mango tree, why not ask the neighbor to transfer it? Pwede naman di ba?

[cyberfunk]

Originally Posted by Papichulo168

What is a course of action to take if I want a tree (coconut tree) planted inside a next door neighbor's property cut down because it will endanger my property during a typhoon? The nieghbor is just renting the lot and does not want to cooperate about the tree's removal.

Resilient ang coconut tree when it comes to typhoons and the coconut nut dont really fall far from the tree. What you need to worry about is the base of the tree and root. A wall maybe damaged by widening base in time. You can ask the care taker to trim the "palapa" specially those that overhang to your property. Go to the Barangay for assistance and not necessary to complain just so may mediator ka. Or have it trimmed yourself with the supervision of a tanod.

[rendaku]

Originally Posted by agave

As a last resort, there may be...the 'salt' option? Will that work on coconut tree?

No. Coconut trees can live on salty soil.

Ewan ko lang—di pa ko nakakita ng healthy coconut tree na natumba ng bagyo dito. The real danger it poses are the falling coconuts. Yan ang delikado. What we did to the coconut trees in our yard was install coconut catch—fabricated with steel. Delikado kasi sa mga tao na dumadaan sa ilalim.

[C.I.C.C.I]

Originally Posted by Papichulo168

What is a course of action to take if I want a tree (coconut tree) planted inside a next door neighbor's property cut down because it will endanger my property during a typhoon? The nieghbor is just renting the lot and does not want to cooperate about the tree's removal.

Art. 483. Whenever a large tree threatens to fall in such a way as to cause damage to the land or tenement of another or to travelers over a public or private road, the owner of the tree shall be obliged to fell and remove it; and should he not do so, it shall be done at his expense by order of the administrative authorities


Art. 680. If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter shall have the right to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property

[Papichulo168]

Thanks to all the replies and the legal references.

[agave]

Originally Posted by C.I.C.C.I

Art. 483. Whenever a large tree threatens to fall in such a way as to cause damage to the land or tenement of another or to travelers over a public or private road, the owner of the tree shall be obliged to fell and remove it; and should he not do so, it shall be done at his expense by order of the administrative authorities

Art. 680. If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter shall have the right to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property

That 'shall have the right to demand' is very strange wording. He can demand all he wants, but there is no legal obligation to do anything about the demand. So because of that phrase, that article is essentially useless, as far as tree branches are concerned.

It's like saying, 'You have a right to complain.' Whether anyone has to do anything about it is a different story.

[albert_b]

...and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property

Ayun naman pala eh, kung may ugat na sumulpot sa property eh di a-putol agad! Pag may nakalusot pa ulit, aba eh, a-putol ulit! Hangang magsawa ang mga ugat na yan.

:-) peace!

[C.I.C.C.I]

Originally Posted by agave

That 'shall have the right to demand' is very strange wording. He can demand all he wants, but there is no legal obligation to do anything about the demand. So because of that phrase, that article is essentially useless, as far as tree branches are concerned.

It's like saying, 'You have a right to complain.' Whether anyone has to do anything about it is a different story.

agave: Please be reminded that I did not make the law.

I was merely pointing out to the thread starter pertinent provisions of the law regarding his query.


Any complaints you have should be directed to Congress or better still , aim to work for Congress and when you do revise all the laws you think are confusing, unhelpful or revise them for whatever reason you may have.

Thank you.

p.s. if you think that this provision is useless , then how come you havent suggested a solution to the thread starter's query?

You make a nasty comment about my post but the queer thing is you can't even come up with a solution.

[albert_b]

hey guys cool lang ...

[cyberfunk]

Art. 680. If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter shall have the right to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property

As I understand this right to demand or the "right to complain" as agave put it can be made because the branches may extend to ones property. Branches can be cut near the trunk and since the tree is on the other side of the property no one just jump over the fence. However, if any part of tree extended over ones property root or branch then it can be trimmed or cut off.

Hey, nice to see C.I.C.C.I in the neighborhood.. Read any good books lately?