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Complaint Against Adjacent Landowner for Damages as a Result of Tree...

Pennsylvania 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:

Instant download

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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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

The owner of a tree can cut it down or trim its branches without the permission of their neighbor at anytime, but they are also solely responsible for any damage that the tree causes to their neighbor's property.

? we conclude that Pennsylvania law affords a full panoply of remedies to a landowner whose property is encroached by overhanging branches or tree limbs. First, an aggrieved landowner is entitled to exercise a self-help remedy by either trimming or lopping off the branches to the extent his property is encroached.

Generally speaking, you are not responsible unless you knew, or should have known, about the danger. Proving what you knew or should have known can be difficult and costly in a court of law. It typically benefits both parties to arrive at a compromise that avoids an expensive legal process.

Trees located in the right of way, which is typically the strip of land between the road and private property, are usually the responsibility of the municipality or local government.

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.

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.

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.

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.

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