Mississippi Complaint for Trespass and Damages for Unlawfully Cutting and Removing Trees
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How to fill out Mississippi Complaint For Trespass And Damages For Unlawfully Cutting And Removing Trees?
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FAQ
If a neighbor's tree roots grow onto your property and cause damage, you have the right to remove the roots.As such, you cannot charge a neighbor for the removal of the tree roots that are causing property damage. The tree roots are part of your property.
The owner of the tree may be responsible for damage caused to a neighbor's property but only if it can be found that the tree's owner failed to properly maintain the tree. Generally such failure is considered to be negligence and a negligence owner can be liable for all damage resulting from such negligence.
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.Property insurance, including homeowner's insurance policies, defines insurance coverage a being for property damages claims.
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. This is true if the tree fell over due to an act of nature.
To make a claim against your nuisance neighbour for tree root damage, it has to be proven that the damage was caused by the encroachment of tree roots and that the owner of the tree breached the 'duty of care' owed to the neighbouring land owner.
In most situations, a neighbor who is bothered or worried by encroaching branches or roots of a healthy tree won't be able to successfully sue the tree owner.If the invading roots or branches cause serious harm to the neighbor's property or threaten to do so, the neighbor may sue.
Before anyone can cut down trees, they may need to get a felling licence from the Forestry Commission. It is an offence to fell trees without a licence, where one would have been required. There are some exceptions that can apply, but in many instances a felling licence will be required.
You must obtain approval from your local council prior to removing any tree(s) from your property.If your property is located in a designated area, the 10/50 Vegetation Clearing Scheme allows you to clear certain vegetation near your home without having to get approval from the local council or land services office.
If you think your neighbour's tree is dangerous, you can report it to the council - for example if you think it might fall over. They might ask the owner to make it safe or deal with it themselves. Search for 'trees' on your council's website to find which department to contact.