Tree Encroachment Legal Rights
Summary
Under Philippine Civil Code, Mr. Reyes can demand removal of roots encroaching his property (Article 680), and Mr. Go can request cutting of branches extending into his property (Article 681). These laws allow property owners to address encroachments from neighboring trees.Full Conversation
*. A large tree has roots extending into Mr. Reyes's property and branches extending
into Mr. Go's property, along their common boundary. Can Mr. Reyes demand for
removal of the roots? Can Mr. Go demand from the owner to cut the hanging
branches? Cite your legal basis.
Under Philippine law, specifically the Civil Code, both Mr. Reyes and Mr. Go have rights regarding the encroaching tree:
- Mr. Reyes can demand the removal of the roots extending into his property (Article *).
- Mr. Go can demand the cutting of branches that extend into his property (Article *).
These articles provide property owners the right to protect their property from encroachments of plants or trees from neighboring lands.