Iowa 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

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FAQ

Under Iowa law, the statute of limitations for property damage is five years from the date of the damage, while it is two years from the date of the injury for personal injury actions.

The Tennessee Supreme Court made clear in 2002 that you definitely have the right to cut away any branches or vegetation to the extent it hangs over onto your property. In other words, you may cut branches up to the property line; however, you may not cut over into your neighbor's property.

Iowa follows the common law "Massachusetts" rule, which states that a property owner has the right to trim encroaching tree branches up to the property line. A property owner can also dig up encroaching tree roots that cross onto his/her property.

The trees belong to your neighbors and thus are their property to do with as they wish. It does not matter if the trees are your shade or if the trees' branches go over into your yard. Although, if the tree is on the property line, you may have an ownership interest.

The owner of a tree can cut it down or trim its branches without the permission of their neighbor at anytime, but they are also solely responsible for any damage that the tree causes to their neighbor's property.

Usually, the trimming may only be up to the property line and one cannot enter the adjoining property without prior consent unless there is immediate danger to life or property. One is not allowed to cut the entire tree down or to cut it in such a manner that it will kill the tree.

Tree Trimming Rules In most circumstances, a property owner has the right to trim encroaching tree branches up to the property line. If trimming a neighbor's tree branches kills or irreparably harms the tree, the property owner may be liable for timber trespass.

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.

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