DO I HAVE TO COMPENSATE FOR TRAFFIC ACCIDENTS CAUSED BY TREES?

FDVN’s opinions:

Thank you for trusting and sending your requests to FDVN Law Firm, after researching the legal provisions, we would like to send you some references as follows:

According to Clause 2, Article 175 of the 2015 Civil Code amended, supplemented in 2017: “A person having land use rights may use the airspace and the sub-surface according to the vertical dimensions of the boundaries around the land as prescribed by law and may not interfere with the use by other persons of the adjoining land.

A land user may only plant trees and performs other activities within the area covered by its land use rights and according to the defined boundaries. If the roots and branches of trees extend beyond the boundaries, such person must clip and prune the parts of the trees beyond the boundaries, except as otherwise agreed”.

Accordingly, you only have the right to grow trees within the boundaries as prescribed above. If branches of trees extend beyond the boundaries, you need to prune the parts of the trees to avoid affecting land use rights of other subjects.

According to Clause 3 Article 584 of the 2015 Civil Code amended and supplemted in 2017 specifies: “If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescibed in Clause 2 of this Article”.

Accordingly, if the jackfruit is under your ownership, but some branches of the jackfruit extend beyond the boundaries owned by you, causing an accident and damage to properties of others, you – the owner must be responsible for compensations.

Above are FDVN’s legal opinions for your consulting request based on studying the legal provisions. Hopefully, FDVN’s advice would be helpful to you.

According to Phạm Cao Linh – FDVN Law Firm 

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