02.2021 Life Guide
How to protect the rights and interests of neighboring plants invasion?
Far eastern New Century Corporation / Li Yunzhen
Taiwan is narrow and densely populated, and families are closely connected. The relationship between neighbors is an important link affecting the quality of living. The following will tell you how to protect your rights and interests through the story of Arong and Mingjia.
Case study:
Arong and Mingjia are neighbors. There is a wall between the two courtyards. Mingjia planted a Bougainvillea and a white rose on his own land. Because of the flourishing branches, some of them crossed the wall and entered Arong's courtyard. The fallen leaves often fall into Arong's home. Arong thinks that Mingjia's failure to trim flowers and trees caused their own dirty environment and the breeding of mosquitoes and Simulium, which caused the two people to have a quarrel. One day, without informing Mingjia, Arong climbed up the wall and sawed off the branches and leaves of Bougainvillea and white rose that stretched into the courtyard with tools. Mingjia was angry and told Arong about the damage.
explain:
1、 A Rong's act of cutting off the branches and leaves of Bougainvillea and white rose has constituted the crime of criminal damage.
Article 354 of the criminal law stipulates that anyone who destroys or damages another person's property or makes the order unusable enough to cause damage to the public or others shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine of not more than 15000 yuan. The damage of this article refers to the fact that the nature, shape or usability of the object for a specific purpose is significantly and unfavourably changed compared with its original state, resulting in the loss of all or part of its utility. To the extent that it is impossible to use it, it includes the loss of part or all of the effectiveness of the object by other means that do not damage the original form.
Although a Rong argued that Bougainvillea lobata and white rose are still alive and undamaged, the court held that the ornamental value of the plant itself is not only limited to flowers, but also covers the growth pattern of branches and leaves. After the branches and leaves of flowers and trees are cut, the appearance and long-term use of the plant have been changed, so the crime of damage should be established.
2、 A Rong shall first ask Mingjia to cut off the plants beyond the boundary in accordance with the civil law. If Mingjia does not do so within a certain period of time, he shall then ask Mingjia to repay the expenses incurred.
The landowner may ask the landowner to cut the branches and roots of the neighboring plants within a certain period of time if they have exceeded the boundary. If the plant owner fails to mow it within the period referred to in the preceding paragraph, the land owner may mow the branches and roots beyond the boundary, and may claim reimbursement for the expenses incurred. The provisions of the preceding two paragraphs shall not apply to the branches and roots of the plants beyond the boundary, if they do not harm the use of the land. This is clearly stipulated in article 797 of the civil law.
Therefore, a Rong can ask Mingjia, the owner of the plant, to cut down the branches and roots of Bougainvillea and Rosa alba in a certain period of time in case of exceeding the boundary, causing dirty environment, breeding of mosquitoes and gnats, etc. If Mingjia doesn't mow it within the period of Arong's notice, Arong will have the legal right to mow the part beyond the boundary of jiuchongge and white rose, or hire workers to deal with it, and then ask Mingjia to repay the cost of the removal.
In addition, it should be noted that Arong can only cut off the plants beyond the boundary. As for the branches and leaves growing in Mingjia courtyard, Arong still has no legal right to deal with them. If the branches and roots of the plants beyond the boundary do not interfere with the use of the land, for example, where the flowers and trees invade is the pond of Arong's family, and the branches are hanging on the water, it should not hinder Arong's use of his own land and should not be cut according to the above-mentioned civil law.
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Case study:
Arong and Mingjia are neighbors. There is a wall between the two courtyards. Mingjia planted a Bougainvillea and a white rose on his own land. Because of the flourishing branches, some of them crossed the wall and entered Arong's courtyard. The fallen leaves often fall into Arong's home. Arong thinks that Mingjia's failure to trim flowers and trees caused their own dirty environment and the breeding of mosquitoes and Simulium, which caused the two people to have a quarrel. One day, without informing Mingjia, Arong climbed up the wall and sawed off the branches and leaves of Bougainvillea and white rose that stretched into the courtyard with tools. Mingjia was angry and told Arong about the damage.
explain:
1、 A Rong's act of cutting off the branches and leaves of Bougainvillea and white rose has constituted the crime of criminal damage.
Article 354 of the criminal law stipulates that anyone who destroys or damages another person's property or makes the order unusable enough to cause damage to the public or others shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine of not more than 15000 yuan. The damage of this article refers to the fact that the nature, shape or usability of the object for a specific purpose is significantly and unfavourably changed compared with its original state, resulting in the loss of all or part of its utility. To the extent that it is impossible to use it, it includes the loss of part or all of the effectiveness of the object by other means that do not damage the original form.
Although a Rong argued that Bougainvillea lobata and white rose are still alive and undamaged, the court held that the ornamental value of the plant itself is not only limited to flowers, but also covers the growth pattern of branches and leaves. After the branches and leaves of flowers and trees are cut, the appearance and long-term use of the plant have been changed, so the crime of damage should be established.
2、 A Rong shall first ask Mingjia to cut off the plants beyond the boundary in accordance with the civil law. If Mingjia does not do so within a certain period of time, he shall then ask Mingjia to repay the expenses incurred.
The landowner may ask the landowner to cut the branches and roots of the neighboring plants within a certain period of time if they have exceeded the boundary. If the plant owner fails to mow it within the period referred to in the preceding paragraph, the land owner may mow the branches and roots beyond the boundary, and may claim reimbursement for the expenses incurred. The provisions of the preceding two paragraphs shall not apply to the branches and roots of the plants beyond the boundary, if they do not harm the use of the land. This is clearly stipulated in article 797 of the civil law.
Therefore, a Rong can ask Mingjia, the owner of the plant, to cut down the branches and roots of Bougainvillea and Rosa alba in a certain period of time in case of exceeding the boundary, causing dirty environment, breeding of mosquitoes and gnats, etc. If Mingjia doesn't mow it within the period of Arong's notice, Arong will have the legal right to mow the part beyond the boundary of jiuchongge and white rose, or hire workers to deal with it, and then ask Mingjia to repay the cost of the removal.
In addition, it should be noted that Arong can only cut off the plants beyond the boundary. As for the branches and leaves growing in Mingjia courtyard, Arong still has no legal right to deal with them. If the branches and roots of the plants beyond the boundary do not interfere with the use of the land, for example, where the flowers and trees invade is the pond of Arong's family, and the branches are hanging on the water, it should not hinder Arong's use of his own land and should not be cut according to the above-mentioned civil law.
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