North Dakota Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff

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Multi-State
Control #:
US-01275BG
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Word; 
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Description

As a general rule, every person is entitled to use their property in any way they want, provided the property is used in such a manner as to not injure others. Growths such as trees, bushes, and hedges, by their branches or roots, may invade the property rights of an adjoining owner and a falling tree raises the issue of negligence. The owner of the tree is generally liable for damages caused to the adjoining property owner.


This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff
  • Preview Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff
  • Preview Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff

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FAQ

28-01.3-08. Except as provided in subsections 4 and 5, there may be no recovery of damages in a products liability action unless the injury, death, or property damage occurs within ten years of the date of initial purchase for use or consumption, or within eleven years of the date of manufacture of a product. 2.

Statute of limitations in North Dakota You generally have six years from the date of the injury to file a personal injury case in civil court. For wrongful death cases, the family or representative of a deceased person whose death was the result of alleged negligence has only two years to bring a wrongful death.

Tree Trimming North Dakota law recognizes a property owner's right to "self help" by trimming encroaching tree branches up to the property line. But, if a landowner causes damage to a neighbor's tree in exercising this right, they may be liable for this injury.

An action for breach of any contract for sale must be commenced within four years after the claim for relief has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

The statute of limitations is generally two years for North Dakota medical negligence cases. This means that you must file your claim within two years from the date the injury occurred or the date you became aware of your injuries.

Time limits for filing civil lawsuits in North Dakota range from two to 10 years, with a six-year statute of limitations for most civil actions. Personal injury and injury to personal property lawsuits each have a six-year limit, while actions for defamation and professional malpractice have a two-year limit.

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North Dakota Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff