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

State:
Multi-State
Category:
Real Estate - Complaints
Control #:
US-01275BG
Format:
Word; 
Rich Text
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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
  • 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

What Kind of Structural Damage Can Tree Roots Cause? Soil Shifting. ... Weather Changes. ... Concrete Buckling. ... Plumbing Damage. ... Foundation Damage Near a Tree. ... Buckling Concrete Surface. ... Plumbing Issues. ... Risk of Soil Erosion.

Under Maryland Law, for fallen trees or similar accidents that may be qualified as an "act of God," the affected owners are responsible for damages to their property, including cleanup, removal and related expenses.

If your neighbor or someone else cuts down, removes, or damages a tree on private property without the owner's permission, that person is required to compensate the tree owner. This recovery is available even if the damage was unintentional. If necessary, you can sue to enforce your rights.

Severing roots reduces water and nutrient uptake, eliminates stored energy and may compromise the stability of the tree. When the grade is lowered by more than two inches, vital feeder roots are eliminated, nutrient rich topsoil is removed and the remaining root system is severely wounded.

You can cut limbs that grow onto your property, but you cannot kill the tree. The tree owner may be responsible for removing a dead or diseased tree prior to a storm, but you cannot take on that responsibility yourself. Rather, you should inform your neighbor, in writing, of the dangerous condition of the tree.

Since 1886, California caselaw has provided that a property owner is essentially strictly liable for damages caused by tree roots and branches that encroach on another's land.

You could be held liable if your tree was dying or already dead before it fell on your neighbor's property, and you did nothing to prevent property damage. In this case, your insurance carrier would have to cover the repairs.

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.

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