City vs Homeowners Ins

Reply

  #1  
Old 07-02-18, 09:10 AM
Member
Thread Starter
Join Date: Jun 2002
Location: Northern Minnesota
Posts: 1,512
City vs Homeowners Ins

Across my alley is the city owned cemetery, quietest neighbors ever.


Only a few feet from the alley there is a huge Christmas tree, must be 75'+ tall, two men couldn't get their arms around it and it's leaning toward my place. You can see over the eons it has leaned, grew vertical, leaned and vertical again.

Last few years we've had more rain than usual and I swear it's leaning more, that thing might come down with a good storm.


My question is, seeing the tree is in the cemetery, will the city be liable for damage to my boat, sheds, house etc. if it lands on my property?


It could be my imagination so I'll take some pictures and measurements of the lean.

What ya think?

Thanks
 
Sponsored Links
  #2  
Old 07-02-18, 10:59 AM
Marq1's Avatar
Member
Join Date: Sep 2016
Location: USA MI
Posts: 2,834
I think I would be in contact with the city to inquire, cost to remove the tree now vs after it's fallen, including damage, is a lot less. Should be in their, and residents best interest to be pro active!
 
  #3  
Old 07-02-18, 11:24 AM
Forum Topic Moderator
Join Date: Mar 2005
Location: USA
Posts: 44,219
I'd also ask your insurance agent about it, often damage that a storm brings onto your property is your responsibility and not the owner of the item that caused the damage.
 
  #4  
Old 07-02-18, 12:03 PM
Member
Join Date: Oct 2008
Location: New England
Posts: 10,109
I have heard Marks version before so Marq's advice to talk to your insurance co and to the city would be best. From my experience, once you officially notify a city the ball is in their court and the clock is running. In my small town I could attend a town counsel meeting and ask them directly for some action. Our meetings are televised and no way they would be able to deny they were aware of the potential. Heck, they have the crews and the $$$ to easily add it to their work list, or contract it out.

Bud
 
  #5  
Old 07-02-18, 12:23 PM
Group Moderator
Join Date: Mar 2003
Location: NC, USA
Posts: 18,166
In addition to speaking with your insurance company I would notify the city via a Certified Letter of the increasing lean and potential danger of the tree.
 
  #6  
Old 07-02-18, 12:27 PM
Shadeladie's Avatar
Super Moderator
Join Date: Jan 2005
Location: PA - USA
Posts: 3,935
AFAIK, if the owner of a damaged and/or dangerous tree is notified, and they don't take care of it, they can be responsible for damages to someone else's property.
Only if it's healthy and nothing noticeable is it considered an act of nature where they're not.
Could depend on the city or state tho.
 
  #7  
Old 07-02-18, 04:34 PM
Norm201's Avatar
Member
Join Date: Sep 2013
Location: USA
Posts: 6,144
once you officially notify a city the ball is in their court and the clock is running.
notify the city via a Certified Letter of the increasing lean and potential danger of the tree.
These are the most important thing you do to protect you life and property.

I'll bet within days or weeks you'll be notified of impending action to remove or trim the tree.
 
  #8  
Old 07-05-18, 09:45 AM
Member
Thread Starter
Join Date: Jun 2002
Location: Northern Minnesota
Posts: 1,512
AFAIK, if the owner of a damaged and/or dangerous tree is notified, and they don't take care of it, they can be responsible for damages to someone else's property.
Only if it's healthy and nothing noticeable is it considered an act of nature where they're not.

Are you an insurance agent?

Talked to my insurance agent Tuesday and that is almost exactly what he said... "If it's a living, growing tree and it comes down in a "wind event" it is my insurance that pays." Ruined my whole day.

Our council meeting is next week so I'll fire off a letter and see what they say. We have a darn good city crew but I doubt they have anything to battle something that big.

Forgot to ask my agent this but if it falls in my yard it will block the alley to the one place on the end, sure can't expect me to take care of that.

Thanks all, maybe it'll stay up for another hundred years... doubt I'll still be here.
 
  #9  
Old 07-05-18, 12:08 PM
Group Moderator
Join Date: Mar 2003
Location: NC, USA
Posts: 18,166
I would not bother with the council meeting. Send them a Certified Letter so you have documented the trees hazardous condition and notified the city of the danger in writing. In most areas it's a very normal occurrence and nothing that needs a council meeting.
 
  #10  
Old 07-05-18, 01:37 PM
Member
Join Date: Oct 2008
Location: New England
Posts: 10,109
One thing you might check is if Google Street has a view of that tree. My house is on it and the pictures were from about 10 years ago. Just wondering if any older pictures, google or other, might give you a before example.

Bud
 
  #11  
Old 07-08-18, 01:28 PM
Member
Thread Starter
Join Date: Jun 2002
Location: Northern Minnesota
Posts: 1,512
Well... I'm beginning to think I'm wrong. In my defense we've been having these storms, one just this morning to the north and another coming this afternoon, I'm hearing of trees and power lines down on my scanner almost daily.


Bud, I thought of that a while back and found the perfect angle that would prove my theory - until I took pictures and can't even SEE my tree. My garage is the green one up near the end, my tree is hidden by one in the foreground. With 5 needles to a bunch I find mine is a White Pine.


Name:  ALLEY.jpg
Views: 117
Size:  62.5 KB


My tree has two lower limbs with a couple small trees next to them and when I noticed the bark gone I thought the big one was leaning more. Storm syndrome?


Name:  LIMB S 1.jpg
Views: 117
Size:  89.0 KB


Name:  LIMB S 2.jpg
Views: 115
Size:  81.6 KB


My son was up and asked if maybe the small tree growing next to the limb for years had rubbed off the bark rather than the big one leaning more? After thinking about it for two days he may just be right.


Still thinking about a letter to the city, one more from a crazy old coot shouldn't matter and can't hurt.

Thanks everyone.
 
  #12  
Old 07-08-18, 08:28 PM
Member
Thread Starter
Join Date: Jun 2002
Location: Northern Minnesota
Posts: 1,512
Finally noticed from my garage to get a shot showing the lean which I'm sure no city person has ever seen. I'll print this up tonight and hand deliver it to city hall tomorrow so they'll see it at the meeting Tuesday.


Name:  BIG LEAN S.jpg
Views: 105
Size:  89.8 KB


There are a lot of big pines in the cemetery but none tilt like this one.
 
  #13  
Old 07-09-18, 04:28 AM
Norm201's Avatar
Member
Join Date: Sep 2013
Location: USA
Posts: 6,144
That lean seems enough that even the power company would want to clear it.
 
  #14  
Old 07-09-18, 08:53 AM
Member
Join Date: Oct 2008
Location: New England
Posts: 10,109
Ouch, sure looks like a candidate for soft soil and wind during the wet season.

I suspect the city would be willing to put that one on their list, they always have a list as they are responsible for many trees.

Bud
 
  #15  
Old 07-09-18, 12:34 PM
Member
Join Date: Nov 2012
Location: USA
Posts: 886
Standard gauge power lines will support a [email protected] tree for several days.



However, I will admit that I (and most traffic) did slow down when aproaching this, and then floored it when going underneath.
 
  #16  
Old 07-24-18, 06:11 AM
Member
Thread Starter
Join Date: Jun 2002
Location: Northern Minnesota
Posts: 1,512
I Must Be Psychic

Standard gauge power lines will support a [email protected] tree for several days.

Not mine plus it took down the power pole on my north end, everything works except the phone. I called city hall yesterday and told her a tree was leaning, she said they'd check it out. Never showed up.

Watching the 10 o'clock news and I feel a thump and the power goes out, no wind at all but it snapped off about 10 feet up. I moved my boat around 5 yesterday and the tree fell right where my boat was. Guys are good, power back on with the new pole at 5:30 this morning.


Name:  MPLs.jpg
Views: 53
Size:  75.6 KB


Name:  MPL2s.jpg
Views: 53
Size:  37.1 KB


Name:  MPL3s.jpg
Views: 54
Size:  46.0 KB


I think I'll hit the sack, all is well.
Sure hope the city will clean that mess up.
 
  #17  
Old 07-24-18, 10:20 AM
Forum Topic Moderator
Join Date: Mar 2005
Location: USA
Posts: 44,219
Glad you got your boat moved first
Most cities are pretty good about cleaning up their mess although sometimes you have to remind them.
 
  #18  
Old 07-30-18, 04:36 AM
Member
Thread Starter
Join Date: Jun 2002
Location: Northern Minnesota
Posts: 1,512
Most cities are pretty good about cleaning up their mess...

Yes they are, even brought the young summer workers with rakes and didn't leave a twig. Still no phone though. Now that I think about it I'm glad I wasn't back there cutting grass.

Watching the news last week and seeing the fires out west and floods in the east I feel kind of silly now about my tree.


Name:  WOOD 2s.jpg
Views: 31
Size:  97.4 KB
 
  #19  
Old 07-30-18, 06:10 AM
Norm201's Avatar
Member
Join Date: Sep 2013
Location: USA
Posts: 6,144
feel kind of silly now about my tree.
Think of it this way, You just adverted another disaster. All is good.
 
Reply

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Thread Tools
Search this Thread
Display Modes