Arkansas 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
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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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  • 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

Remember, if a tree is rotting, diseased or otherwise in danger of falling, or branches are in danger of falling, the owner could be liable if they do nothing to correct the situation.

In Arkansas, whether your potential case involves damage to real property (your house, some other building, or your land) or personal property (including vehicle damage), it must be brought to the state's civil court system within three years, ing to Arkansas Code Annotated section 16-56-105.

Work out problems Talk with your neighbour. Whether you're thinking of planting a tree or you're concerned about a neighbour's tree, the first step is to talk about it with your neighbour. ... Write a letter. ... Try mediation. ... Contact your municipality. ... Consider legal action.

A property owner can cut branches that hang on his property. So if your neighbors did not trespass or cut branches on your property, you have little legal recourse, said Bruce A. Cholst, a Manhattan real estate lawyer. However, if they did overstep these boundaries, you do have some legal options.

New York Tree Damage Laws In New York, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). (To learn what you must prove in order to get actual damages, see Nolo's article When a Neighbor Damages or Destroys Your Tree.)

Their insurance company will be responsible for taking care of the damages. If a tree falls onto your neighbor's property due to your negligence, your homeowner's insurance company will cover the damages in most cases.

Section 537.340 of Missouri Revised Statutes holds that if any person shall cut down, injure, or destroy or carry away any tree placed or growing for use, shade, or ornament, or any timber, rails, or wood standing, being or growing on the land of any other person, the person so offending shall pay to the party injured ...

Under New York law, a tree and its product are the sole property of the person on whose land it is situated. A landowner who has been put on notice of a tree's defective condition, but takes no measures to abate the dangerous situation, will be liable for the foreseeable damages caused to an adjoining property.

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