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

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FAQ

Usually not tree owner's problem Laws vary somewhat but most states say that if the roots of a homeowner's tree damages a neighbor's drive or home, then that's the neighbor's problem to deal with.

Most people assume that they are liable since it is their tree. However, this is not always true. 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.

"The short answer is that if your neighbor's tree falls on your property or your automobile, you are responsible for that," said Amy Harris, spokesperson for State Farm. Keep in mind, California law does honor what's called "premise liability," but people should proceed with caution.

Protected native species include the California Sycamore, California Live Oak, California Black Walnut, and Coastal Scrub Oak. For new development, the Tree Preservation Ordinance also protects heritage trees, which have a diameter of 44 inches or greater.

Can I trim my neighbor's trees? It depends on where the tree's trunks and branches lie. If the trunk, limbs or roots are on your property line, you can trim or cut them to upkeep your space. But you can't go over the line, ing to California's code of civil procedure.

Use the Tree Services Locator to determine if the area is maintained by LA County Public Works. To submit tree related requests online or via your iPhone, please visit the following links: For urgent matters such as a fallen limb or tree, please call 1-800-675-HELP(4357). Online through the Tree trimming Request form.

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