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

Category:
Real Estate - Complaints
State:
Multi-State
Control #:
US-01275BG
Format:
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
  • Preview Complaint Against Adjacent Landowner for Damages as a Result of Tree Falling on the Property of Plaintiff

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How to fill out Complaint Against Adjacent Landowner For Damages As A Result Of Tree Falling On The Property Of Plaintiff?

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FAQ

My neighbours have planted a tree very close to our boundary. Can they do this? There is no law preventing any person planting or growing a tree anywhere on his/her property. Neither is there any restriction upon the size to which they may grow it.

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 ...

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.

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.

Fortunately, some state laws stipulate a minimum distance of between 3 ? 4 feet, which acts as a guide. This rule factors in the future growth of the tree and can vary between states, so verifying the statutes might well be prudent.

Although the branches and limbs might hang over into another yard, the neighbor cannot remove them. Indianapolis has no permits or regulations regarding tree removal on private property. Indiana law also requires that landowners maintain their property so that others can enjoy their own property.

The dangerous tree is on the neighboring property. The neighboring property owner is responsible for their property, including the tree. If the neighbor's tree fell, they would be held liable for damages.

Ing to Indiana law, whoever's property the tree's trunk is on is responsible for the tree. Even if there is a tree hanging over a neighbor's lawn, the only person who can legally do anything about the tree is the owner of the trunk's ground.

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