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

State:
Multi-State
Control #:
US-01275BG
Format:
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

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FAQ

When the trunk is directly on the property line owned by two or more people, it is referred to as a ?boundary tree.? In the case of a ?boundary tree,? all of the property owners own the tree and share responsibility for it. Any pruning or tree removal requires consent of all the tree's owners.

Who is liable for that and which insurance company should you call? Well, the answer is most of the time quite simple. Whoever owns the damaged property is responsible to get the damage repaired ? not the owner of the tree. We are here to help you through all your options for your home.

Tree Trimming Rules In most circumstances, a property owner has the right to trim encroaching tree branches up to the property line. If trimming a neighbor's tree branches kills or irreparably harms the tree, the property owner may be liable for timber trespass.

Generally, because trees grow anywhere and fall anywhere, the property owner who has incurred the tree debris or sustained damage is responsible for debris cleanup and the repair of their own property damage, even if the tree originated on a neighbor's property.

Ing to the rules of tree removal in Washington State, it is not illegal to cut down a dead or diseased tree in your home. If the tree has been dead for a long time, the law regards it as a danger to the people and property. So, it is alright to chop it down.

If your neighbor's tree causes damage to your real or personal property, your homeowner's insurance will probably pay to repair the damages and remove the tree; If your tree or your neighbor's tree falls on your property, but hits nothing but the ground, it is probably your responsibility to pay for the tree removal.

The general rule is that unless the neighbor knew or should have known that his tree was unsafe, he is not responsible even if it hurt you or your family member or damaged your property. Our courts follow the old common law: It's your property, so take care of it, unless you can prove your neighbor was negligent.

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