Legal Question in Real Estate Law in Virginia

Re: Property

You don't need to cite a specific statute to

support your claim in small claims court. A

careful and precise recitation of the facts

will do quite nicely, and if everything is as you claim, you should be able to recover for whatever damage was done to your property by the fallen tree, as long as the fall was not occasioned by a sudden and totally unanticipated so-called Act of God event.

Re: Property

You can make a claim against his insurance company or you can take him to court. If the insurance company gives you problems there

are several ways to address this. Another option is to claim under your insurance and have them go after a recovery from his insurance company and/or the neighbor.

When going to court you do not need to cite a statute. However, I am certain, even without looking, that there are cases on file that fit within your fact pattern and that it would be

beneficial to cite them as authority. Precision is needed with the facts and your complaint. Even if the neighbor would defend on the basis of an "Act of G*d" there are specific aspects that may apply to defeat this contention. I would need to know more about the facts to say anything in this regard.

Depending on your loss, you may find it cost beneficial to hire an attorney. My rates for District Court are reasonable.

G. Joseph Holthaus III

(410) 799-9002