Mango tree troubles

My neighbour has a mango tree located near our shared fence. Over the years, the tree has grown so much that some of its branches hangover my side of the fence and as a result the leaves, flowers and fruits on these branches fall on my yard. The problem is that my neighbour does not want us to have the mangoes. Every mango season we quarrel a lot because of this tree. I cannot understand why my neighbour is selfish about the mangoes while I have never complained about the trouble I take to sweep the leaves and flowers that fall from this tree. Further, the roots of this tree have destabilized the fence.  What does the law say about this trespass situation? Please guide me.
JL, Tanga

This is an interesting question. Ideally neighbours should be at peace, however, it is not uncommon for neighbours to have conflicts. First, it is important you note that this is not a trespass situation. Trespass to land is committed where a person, without lawful justification, enters upon land in the possession of another or remains upon such land, or directly places or projects any material object upon such land. Trespass to land should be a direct interference with a person’s right and interest in land. If it is indirect, there can be no liability on trespass, but only in nuisance. For instance, to unlawfully plant a tree on another person’s land is a direct invasion and therefore, a trespass but to allow the roots of a tree to spread from your land to an adjacent land is an indirect interference and therefore a nuisance if damages can be proven.

There is no specific law on preventing trees from crossing over properties, however, neighbours have a duty under the laws of torts to prevent a nuisance. In answering your question, we see that the legal issue here is property rights. In regard to the owner of the mango tree (your neighbour), he/she has right over the tree. Whereas, the owner of the land (you) has rights over your land.  Although your neighbour has the rights over the mango tree, such rights are limited to his/her property. What that means is that your neighbour’s mango tree is intruding onto your property and thus interfering with your rights. This may amount to a tort of nuisance. Nuisance refers to actions by someone or something within their control that interfere with rights of others outside of their property and causes damages. Nuisance is either public or private depending on whether it interferes with an individual’s right or the rights of a number of people. Private nuisance can take many forms such as letting water run onto a neighbour’s property.

As for the branches of the mango tree, your neighbour has control over the branches and may cut them to prevent interfering with you enjoying your land. Note that since these branches are on your property, you have a right to cut the overhanging branches to remove the nuisance even without your neighbours permission. Only cut what is on your side, going beyond may amount to trespass on your neighbour’s land. As for the roots, to allow the roots of a tree to spread from a person’s land to adjacent land is a nuisance. Courts have established a test for considering a tree root a nuisance by answering questions such as whether there is a duty of care owed between neighbours with regard to trees; has the tree root caused the damage to the neighbouring property; was the harm reasonably foreseeable, was there any practical step that could have been taken to minimise or avoid the damage; and whether or not there was a reasonable response to the damage? In regards to fallen leaves, flowers and fruits, Courts do not consider this a nuisance since the owner of the tree has no control over the fall of leaves, flowers and fruits.  Since it seems you do not want to cut the branches but want to keep the mangoes, we encourage the two of you to get along and amicably settle this matter, otherwise this can be litigated. Your lawyer can guide you further.

Lottery won, but not paid

I purchased a lottery ticket last month and a few days later I saw my numbers posted on the live broadcast of the lottery game. I was very excited and immediately called a friend who recommended I record the live broadcast as evidence of me winning. The next day, I went to the office of the lottery company to redeem my ticket and get paid. To my dismay, the administrators denied my claim, stating that the numbers on my ticket did not match the previous night’s winner’s ticket. I even showed them the video I recorded but they refused to pay me claiming my video was fake. It is now a month of making follow ups on my payment without any success.  What can I do? Please guide me.
DE, Dar es Salaam

Assuming you are telling the truth, we are sorry to hear about this. Lottery games are governed by the Gaming Act Cap. 41 [RE. 2019] (the Gaming Act), which is clear that failure to pay winners is an offence. Section 71 of the Gaming Act provides that any licensee who fails to pay the winner of any gaming activity commits an offence and upon conviction shall be liable to a fine not less than TZS 1M or imprisonment for a term not exceeding 6 months or to both. We advise that you report the lottery company to the Gaming Board of Tanzania (the regulator of the gaming industry in Tanzania) for further action and guidance. Your lawyer can advise you on the necessary steps to take.