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Question DetailsAsked on 9/21/2015

What steps do I take when removing a large tree on my property but all the branches are overhanging a city street

The tree is on my property but it's with in the city's road easement. All the large branches overhang the road and traffic is heavy, if a branch/tree was to fall it would shut the busy street down for awhile. Is the city responsible to cut the tree? I live in lafayette LA

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Voted Best Answer

I would talk to the street or highway department that owns the road - if you can convince them that it is a hazard, they may at least remove the branches that overhang the road, or maybe cut the entire tree down and lay the branches along the easement for you to have a Tree Service cut up and remove - or you cut for firewood, etc. If you are real lucky they may take the entire thing down and haul it away whole or shipped, leaving you with just a bit of minor debris raking. Depends on the street department policy.

Alternatively, they may tell you it is your issue, in which case talk to larger well-established Tree Services about giving a bid, INCLUDING having them (as a part of the written contract) getting any and all required permits and signage and flagmen (if needed) for lane/sidewalk closure as needed. I would require that your name be added (and get a certificate of insurance that SAYS that) as an additional insured for the job on the insurance policy for a period of not less than 30 days.

More detail on the latter - you might think you only need coverage on the policy for as long as they are workiing (one day probably), but most liability insurance is now on a claims-made basis, meaning the policy covers based on coverages on the date a claim is filed, NOT when the incident occurs - so if you are not on the policy for your job when a claim is made, then you are not covered. And of course, if there is any incident which might result in a claim, be sure it is reported to the insurance company immediately so it is assigned a claim number while you are still covered.

Answered 4 years ago by LCD

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