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Updated over 2 years ago on . Most recent reply

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54
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Marina Loos
  • Papillion, NE
42
Votes |
54
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City tree causing problems

Marina Loos
  • Papillion, NE
Posted

Recently a large tree outside my rental duplex came crashing down and hit a utility pole. The city immediately came out to fix the utility pole as it affected several houses on the street. I paid for the tree to be cut up and disposed of but the problem is the utility pole hit the riser on my roof and bent it. The Electrition that looked at it said that the riser is not up to code as the house was built in the 60s and that the meters would have to be replaced as well. This would cost me several thousands of dollars.  

Of course I have insurance and will contact them but I was advised to speak to the city first. I am heading down there tomorrow but fully expect the runaround from them. I have never dealt with the city for any issues before so I honestly don't know where to even start. I am wondering if the insurance will cover it if the city refuses to do anything about it without a fight. The tree was not overhanging in my property, it was really tall and had a long reach when it fell. (There is no other house on the side where the tree was).  Anyone have any thoughts on what my best course of action is so I can try and do this in the best and efficient manner. I've dealt with a big fire last year and that was a huge claim so I'm sure the insurance company isn't looking too fondly at another claim a year later (even though that's why I have them right?).

I am aware that damage caused by a tree on another property is my responsibility if limbs are hanging over on my side but in this case the entire tree fell and I don't see how I am responsible to monitor the health of a tree that is city property. 

The duplex is in the state of NE.   Thank you everyone.

Most Popular Reply

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Kevin Sobilo#1 Tenant Screening Contributor
  • Rental Property Investor
  • Hanover Twp, PA
3,224
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3,027
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Kevin Sobilo#1 Tenant Screening Contributor
  • Rental Property Investor
  • Hanover Twp, PA
Replied

@Marina Loos, your best bet is your own insurance. If the city can be held liable the insurance company will fight that battle.

However, my understanding is that with something like a tree the owner of the tree is only liable if they knew or should have known the tree was a hazard. For example if the tree was dead or diseased and especially if that was reported to them and they ignored it. 

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