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Complaint Against Adjacent Landowner for Damages as a Result of Tree...

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

Name: Alameda California Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff
Brand: US Legal Forms
Rating: 4.74 (335 reviews)

Category:

Real Estate - Complaints

State:

Multi-State

County:

Alameda

Control #:

US-01275BG

Format:

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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How to fill out Alameda California Complaint Against Adjacent Landowner For Damages As A Result Of Tree Falling On The Property Of Plaintiff?

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FAQ

If the trunk straddles the property line (even if it has grown that way after starting out entirely on one side), then the tree is shared, and neither neighbor is permitted take action to trim, treat or cut down the tree without the other's consent, and both are responsible for it.

If someone vandalized your home or part of your property, you should file a claim with your homeowner's or renter's insurance. If the damage is to your car, you should instead call your auto insurance provider to make a claim. However, as noted above, it's vital to make a report before you call your insurance.

What can I do? A A tree is the responsibility of the owner of the land they grow on, regardless of who planted them. If a tree causes damage, the owner may be liable.

It is the responsibility of the tree owner to ensure it is safe. This typically requires a regular visual check for signs of disease or damage, such as uprooting, splits or loose branches, following high winds and storms.

Where a tree from a neighbouring property has fallen onto your land, the owner of the tree will be responsible for the cost of clearing it, although it may well fall to you to arrange its clearance.

If a neighbour's tree has caused damage to your property, they will be liable. For example, if branches fall or tree roots damage property foundations and you can prove this was a result of the tree, you can begin legal action.

Miller & Starr, California Real Estate (4th ed. 2020) § . If the branches of a neighbor's tree are hanging over your property, you can remove those portions that hang over your property, whether or not they cause damage. However, you cannot cut the branches beyond the property line.

A tree belongs to the legal owner of the property upon which the tree trunk originally grows. A fallen tree will still belong to the original owner of the tree, even if those trees have now fallen onto neighbouring land as highlighted in a case called Mills v Brooker (1919).

If your neighbour's tree falls on your house, your own house and property insurance should cover you, similarly if your tree is blown onto your neighbour's property their home insurance should cover him.

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

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