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

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FAQ

In most cases, the answer is ?no.? When such damage occurs to your neighbor's home due to forces outside your control (e.g., weather events), your neighbors may have to file a claim with their insurer to receive a reimbursement for the damage a down tree or branches cause.

For lawsuits over damage to real property, a five-year filing deadline applies, set by Kentucky Revised Statutes section 413.120.

If a person cuts down/damages an owner's tree, that person is liable to the owner for triple the value of the damages done.

LIMITATIONS PERIOD The statute of limitations is five years, for actions on a liability created by statute, when no other time is fixed by the statute creating the liability (Ky. Rev. Stat.

If the property damage caused a loss of more than $500.00, it is a Class A misdemeanor. If the property damage caused a loss of more than $1,000.00, it is a Class D felony. In Kentucky, criminal mischief is illegal and can be either a misdemeanor or a felony.

In 1985, Kentucky has adopted what is known as the ?Massachusetts' Rule? governing problems with trees between adjoining property owners. Simply, a property owner is not liable to a neighbor for tree limbs and roots that extend into the neighbor's property from a tree that is alive.

KRS 413.190. The Kentucky criminal statutes of limitations are found in KRS 500.050 ? General Provisions: Time Limitations. A prosecutor may bring charges for felonies at any time: there is no statute of limitations for a felony. However, a misdemeanor may only be prosecuted within one year after it was committed.

These deadlines will vary depending on the type of case and the limitations laws in the Bluegrass State range from one to fifteen years. The ?clock" on claims starts ticking on either the date of the incident or the discovery of the harm.

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