Minnesota 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
  • 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 To Do with Parts from a Removed or Fallen Tree Cut it into Firewood. ... Use Logs & Stumps as Furniture. ... Have it Milled for Lumber. ... Create Coasters, Cutting Boards, and Candle Holders. ... Create Habitat for Wildlife. ... Make it Part of Your Landscaping. ... Turn it into Mulch or Wood Chips. ... Bring Out Your Inner Artist.

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.

No, you can not throw the limbs back in his yard. This can be seen as ?fly-tipping of garden waste?, and yes that is property law. It is defined as an illegal deposit of any waste onto land that does not have a licence to accept it.

If the tree is larger than 6-inches in diameter (measured at 4.5 feet above the ground) and is healthy or diseased, a permit must be obtained. Permission is not needed to remove a tree that has been deemed dead or a tree under 6-inches in diameter.

Pennsylvania law relating to trees derives from the theory of trespass. Branches and roots which enter adjoining land are ?trespasses? onto the land of another. Unique is that a showing of actual damage or monetary harm to neighboring land is not required before a remedy may be had.

"The basic rule is this: Someone who cuts down, removes, or hurts a tree without permission owes the tree's owner money to compensate for the harm done. The owner can sue to enforce that right."

If your Neighbor's tree along your property line is a hazard If all or any portion of a hazard tree falls on your property, and your neighbor was aware of or should have known that it was dangerous, your neighbor is responsible for any damage that you suffered, including your cost of removal.

What's the Law? If a neighbor's healthy tree is uprooted?say, storm damage?and falls on a different homeowner's property line, it becomes the homeowner's responsibility to make a claim through their insurance company.

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