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

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

Name: Hennepin Minnesota 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:

Hennepin

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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FAQ

You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you cannot compel the owner of the trees or hedge to carry out this work or pay for it.

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.

Where tree roots cause damage to a neighbouring property, the owner of the tree can be liable, under the law of nuisance, for such damage. Claims for damage resulting from tree roots are brought in nuisance rather than trespass, even though the tree roots will be encroaching on the neighbouring land.

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.

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 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.

If your neighbour's tree's roots come on to your land, you are entitled to remove them. However, you will be liable for any damage caused to or by the tree as a result. Further, you are unlikely to notice the roots unless they are causing problems.

If you own the tree or hedge Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. If they want you to cut your tree or hedge just because they don't like the way it looks, it's up to you whether you do the work.

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

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FAQ

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Interesting Questions

What is the Hennepin complaint against adjacent landowner for damages?

What kind of damages can result from a tree falling on plaintiff915563's property?

Why is the adjacent landowner responsible for the damages caused by the falling tree?

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Can plaintiff915563 claim compensation for repairs and loss of property value?

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