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New York 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
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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

If a tree from your yard causes damage to another's property, it's the responsibility of that person to report a claim to his or her insurer. In addition, your neighbor's insurer would pay if you were cutting down your tree and it accidentally fell on their house, for example.

A permit is needed to remove any tree with a diameter at breast height (DBH) of eight inches or greater or an ornamental or evergreen tree with a height of 10 feet or more. Residents should consult the Tree Removal Instructions where they will find a link to the Application for a Tree Removal Permit.

If a landowner has a tree on their property, then they are responsible for the maintenance and care of that tree. They are also responsible for the consequences of a failure to maintain that tree. California law makes it clear that if a tree trunk is wholly on one person's property, then it is that person's tree.

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.

If your tree falls on your property, you have the responsibility to remove it, and you can achieve this with the help of your home insurance policy. Similarly, if your neighbor's tree falls on your fence, property, or yard due to rotting, overgrowing, and disease, they are responsible for removing such trees.

If one of your trees falls on your neighbor's property because of an ice storm, and it does damage to their home, you are usually not responsible for paying for its removal or for any damage done. It's possible you or your neighbor will file a liability claim against the other's home insurer.

Remember, if a tree is rotting, diseased or otherwise in danger of falling, or branches are in danger of falling, the owner could be liable if they do nothing to correct the situation.

New Jersey Tree Damage Laws In New Jersey, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). (To learn what you must prove in order to get actual damages, see Nolo's article When a Neighbor Damages or Destroys Your Tree.)

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