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Started By
Message
Diseased tree about to fall, who's responsible?
Posted on 8/29/22 at 2:26 pm
Posted on 8/29/22 at 2:26 pm
I have a line of live oak trees just outside my property line that are in City Parish Right of way. They were planted many years ago (20+) by the due who previously owned our house. I maintain them, trim deadloss and other low limbs etc, One of them is split significantly down the trunk vertically and is taking on water and its rotting from the inside. The bark is tearing away and its clear there is no saving this tree, in fact it looks to be close to perhaps splitting and possibly falling on my fence and/into the street. I just got a quote to cut laydown, haul off and grind stump for $2300 (its a big tree) Which I'm willing to pay, but should I? What is the city's liability for a tree on their property that damages my property and/or falls in the street damaging say a car that passes by? I know there's no way they'd send anybody out if I contacted 311, as I have witnessed how ineffectual they are to any reported problem pertaining to drainage and sewer..... Thoughts?
12
Posted on 8/29/22 at 2:33 pm to cajungoalie
If it is on city owned property, then it stands to reason it should be their problem and liability.
First thing I'd do is take a bunch of pictures of the damage to the tree and how it is situated on their property.
Then hand deliver that to the agency responsible for taking care of any legal, financial, liability issues that may stem from the tree falling over. Oh, and do your best to get confirmation that you did do the above to cover your arse.
First thing I'd do is take a bunch of pictures of the damage to the tree and how it is situated on their property.
Then hand deliver that to the agency responsible for taking care of any legal, financial, liability issues that may stem from the tree falling over. Oh, and do your best to get confirmation that you did do the above to cover your arse.
Posted on 8/29/22 at 2:39 pm to gumbo2176
If in BR, download the 311 app and you can submit a request and a bunch of pictures. I’ve had success getting trees trimmed that were encroaching on the roadway. I’d send requests frequently until something happens, especially since that will create a digital record Vs making phone calls.
Posted on 8/29/22 at 2:44 pm to MikeD
quote:
If in BR, download the 311 app and you can submit a request and a bunch of pictures.
This. If nothing else you will then have a case number proving that the city was aware of the issue. Liability is 100% on them at that point for not maintaining their property. They can no longer claim ignorance of the issue.
Posted on 8/29/22 at 5:05 pm to gumbo2176
quote:
If it is on city owned property, then it stands to reason it should be their problem and liability.
Not necessarily, the ROW along a road adjacent to your property is often the responsibility of the owner to maintain. For instance, I am responsible to maintaining the city sidewalk in the ROW adjacent to my house and must replace it if it becomes dangerous, this has happened to some neighbors. Also, given the fact a previous owner planted these trees, the liability transfers to any new owner. So, I would, like others have said, try to get the city to take care of the tree but be prepared to take care of it yourself.
Posted on 8/29/22 at 7:56 pm to Zappas Stache
If it’s a right of way then it renains owned by you subject to a servitude. So the trees, planted by your predecessor in title and maintained by you, are your responsibility.
Posted on 8/29/22 at 9:02 pm to cajungoalie
Send pics and make sure you let them know it is about to fall on a car or power lines if there are any nearby.
They will move fast and get it taken down in under 3 years. This is my experience for a tree on my street I thought would fall over the street and power lines and the owner didn’t seem to care.
They will move fast and get it taken down in under 3 years. This is my experience for a tree on my street I thought would fall over the street and power lines and the owner didn’t seem to care.
Posted on 8/29/22 at 9:42 pm to ChEgrad
Get an attorney to draft and send any correspondence. Make it informational but cite applicable laws/ordinances. Copy your insurance co.
Contact the office of your councilman and the mayor requesting action to prevent any accidents or injuries. Enlist any neighbors that could be affected by falling limbs, downed power lines or blocked roadways.
Be clear, calm and specific. Threats are implied not stated. The more people you can include, the better chance that it will be done as they are then being watched by many others.
Contact the office of your councilman and the mayor requesting action to prevent any accidents or injuries. Enlist any neighbors that could be affected by falling limbs, downed power lines or blocked roadways.
Be clear, calm and specific. Threats are implied not stated. The more people you can include, the better chance that it will be done as they are then being watched by many others.
Posted on 8/29/22 at 11:12 pm to cajungoalie
I had a dead tree in the strip between the sidewalk and the street in front of my house. I called the city and left a message saying that I was really worried it was going to fall on a child playing nearby. It was a big tree.
It was gone in two days then my neighbor had the stump ground when a stump grinder was at his house.
Maybe it'll work. Try it.
It was gone in two days then my neighbor had the stump ground when a stump grinder was at his house.
Maybe it'll work. Try it.
Posted on 8/30/22 at 8:32 am to wrlakers
Thanks for all the advice, I'm going to give 311 a shot. I also like the idea of contacting my councilman.
Posted on 8/30/22 at 8:52 am to Royalfisher
quote:This
If it’s a right of way then it renains owned by you subject to a servitude. So the trees, planted by your predecessor in title and maintained by you, are your responsibility.
Posted on 8/30/22 at 9:03 am to cajungoalie
quote:
I have a line of live oak trees just outside my property line that are in City Parish Right of way.
Is it on the city's property or is it your property but has a utility or other type of easement?
If it belongs to the city/parish, notify them that the tree is diseased and poses a hazard. Once they are away of the hazard, they have full responsibility and it is no longer an "act of God" if the tree falls and damages something.
If it is on your property then I the same would apply to you. I do think the city may be willing to remove it, since it does exist on a right of way, but I do not think they are obligated.
Perhaps one of the many lawyers that frequent this site would have some insight.
This post was edited on 8/30/22 at 9:05 am
Posted on 8/30/22 at 9:06 am to cajungoalie
quote:
outside my property line that are in City Parish Right of way.
These two are mutually exclusive and is the crux of this whole debate.
If it is outside your property line then you don’t own it.
If it’s in the “city right of way”, then you DO own it, but the city has some sort of easement which allows them some sort of use of the land that you own.
Legally these are very different situations.
Posted on 8/30/22 at 9:24 am to cajungoalie
Not sure if there are any electrical lines around, but the threat of it falling on power lines is usually enough for the power company to cut it down on their own dime.
Posted on 8/30/22 at 11:18 am to idlewatcher
OP you need to determine who's property they are actually on? If its not YOUR property, you absolutely SHOULD NOT cut it down or touch it.
I joke with my buddy that owns a landscaping company all the time that people tend to pay $1000s to avoid cutting a tree down onto their fence when in reality it would be a hell of a lot cheaper to just replace 1 or 2 sections of fence and cut it down yourself.
Point being, why would you spend $2300 for a tree that 'might" fall on your fence but is not currently on your property?
I joke with my buddy that owns a landscaping company all the time that people tend to pay $1000s to avoid cutting a tree down onto their fence when in reality it would be a hell of a lot cheaper to just replace 1 or 2 sections of fence and cut it down yourself.
Point being, why would you spend $2300 for a tree that 'might" fall on your fence but is not currently on your property?
Posted on 8/30/22 at 12:36 pm to idlewatcher
quote:
Not sure if there are any electrical lines around, but the threat of it falling on power lines is usually enough for the power company to cut it down on their own dime.
This is the method I used. Worked like a charm.
Posted on 8/30/22 at 12:43 pm to cajungoalie
My two cents... if you get the city involved expect them to take out the other trees along with it. If they're on the hook for one and it poses a risk, they very well could say all of them are risk.
Posted on 8/30/22 at 4:02 pm to gumbo2176
quote:
hand deliver that to the agency responsible
Do a certified letter if you're going this route
Posted on 8/30/22 at 9:12 pm to cajungoalie
I have a similar issue, very tall dead tree on my property but well within the right of way of state highway. Who’s responsible?
Posted on 8/31/22 at 12:50 pm to cajungoalie
I had two large trees fall Feb 2021 one was on my property crushing a fence panel. I had it cut up and hauled away. The adjacent tree was in a drainage right of way. The city responded quickly to a service request, agreed it was their tree after a survey and over the months two or more city crews assessed the situation to cut and remove. I even gave written permission to cross my property. Nothing has happened since! HOA and councilman have both been involved.
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