Virginia 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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Instant download

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

§ 55.1-2518. All intangible property held for the owner by any state or federal court that has remained unclaimed by the owner for more than one year after it became payable is presumed abandoned.

In general, there are no laws or regulations in Virginia that prohibit you from removing individual trees on your own property. However, the following might restrict certain tree removal on your property: If your property is a part of a homeowners association, restrictions on the removal of vegetation may apply.

Continuous Possession. In Virginia, a squatter must reside on a property for at least 15 years before making an adverse possession claim. This period must be uninterrupted, meaning the tenant cannot leave for a few weeks or months and make an adverse possession claim.

Besides staying on the property for at least 15 years, every squatter in Virginia must meet five different occupation requirements to start their adverse possession case: Hostile Claim. ... Actual Possession. ... Open and Notorious Possession. ... Exclusive Possession. ... Continuous Possession.

All states require at least three years to establish a claim for adverse possession; some require up to 30 years.

The locality may require the owner or occupant of the property so obstructing or encroaching to remove the property and, pending such removal, may charge the owner of the property so obstructing or encroaching compensation for the use of such portion of the street, highway, road, alley, bridge, viaduct, subway, ...

Code §18.2-137 is the most common destruction of property charge. It criminalizes the unlawful destruction or defacement of property without intent to steal. The property can be real or personal property. The statute also specifically criminalizes the destruction or removal of certain war monuments and memorials.

Generally speaking, you are not responsible unless you knew, or should have known, about the danger. Proving what you knew or should have known can be difficult and costly in a court of law. It typically benefits both parties to arrive at a compromise that avoids an expensive legal process.

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