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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
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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FAQ

Q: What Happens If The Tree Was On My Neighbor's Property? A: If your home is damaged by your neighbor's tree, homeowners insurance may help pay to repair the damage to your house (or other structure, if the tree falls on your fence, for example).

If the nuisance has stopped, can I still sue my neighbor? Yes. If the neighbor has stopped the activity or behavior that was the nuisance, you may still recover damages for the past existence of the nuisance. CAL.

If you think your neighbour's tree is dangerous, you can report it to the council - for example if you think it might fall over. They might ask the owner to make it safe or deal with it themselves. Search for 'trees' on your council's website to find which department to contact.

When a tree falls over onto a neighbor's property, that neighbor should submit a claim to his or her insurance company immediately. The insurance company is usually responsible for taking care of the damages. This is true if the tree fell over due to an act of nature.

Regardless of if there is property damage, a landowner may sue her neighbor to make that neighbor trim the branches that encroach the landowner's property. Serious harm caused by encroaching tree limbs or tree roots may give rise to a lawsuit.A neighbor may only sue if the tree is noxious.

A property damage claim is a request for financial compensation from an insurance company when a person's property has been damaged by a collision or other covered cause. The most common property damage claim is when a not-at-fault driver files a claim with the at-fault driver's insurer after a car accident.

Property damage is defined as some harm that is inflicted upon someone's property as the result of another person's negligence, willful destruction of that person's property, or by an act of nature. Flooding caused by a hurricane is an example of property damage caused by an act of nature.

The offence of Intentionally or recklessly destroy property carries a maximum penalty of 1 year imprisonment in the Local Court if the damage does not exceed $5,000.00 and 2 years imprisonment in the Local Court if the damage exceeds $5,000.00. The maximum penalty in the District Court is 5 years imprisonment.

Vandalism occurs when an individual destroys, defaces or otherwise degrades someone else's property without their permission; sometimes called criminal damage, malicious trespass, or malicious mischief.

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