Who to contact for tree damage from city sewer easement?
I am wondering if anyone has experience something similar to the following and can provide some guidance.
We came home after the holidays (to our home in Oakland) to find that a very large (~70-80ft) eucalyptus tree fell onto the back of our yard. The neighbors we thought owned the land that the tree sat on said they believe it's actually not their land but a city sewer easement, so the city should be responsible for removing the tree and repairing the damage to our fence. We also aren't sure if it damaged any trees on the way down, but are thinking that it would be good to assess this as well.
Has anyone ever dealt with something like this? Any idea who in the City of Oakland or EBMUD I would call for this type of a matter? This is the first time we've had to deal with something like this so we have absolutely no idea who to call and would appreciate any and all advice!
Parent Replies
Start with the Alameda County Parcel Viewer and confirm if the land is on a parcel or on a space between (indicating city / public land). Go to the person (or entity) whose parcel it is and have them address the issue. Hopefully it’s clear enough, because your other option is getting it confirmed by a survey. And for that cost, you might as well pay for the tree removal.
It’s on the owner of the parcel to remove and repair. If there is an easement for the sewer, it likely only covers access for the utility with the owner still responsible for the stuff above (the tree). It’s on the owner of the parcel to prove otherwise - they should have documentation of the easement and what it covers in their title paperwork.
If the utility or city own the property or can otherwise be documented responsible, you can contact them to address. For City of Oakland, start with reporting through 311 or See Click Fix. For EBMUD, you need to call and report the issue to them. Get a confirmation number in either case, and hound them until they respond.
Good Luck!
Sorry about your fence. The risk of eucalyptus falls is one of the reasons that the University of California embarked on its eucalyptus removal program in Strawberry Canyon. As far as our neighbor shifting the responsibility to the "easement" holder , that is misplaced. An easement as an entitlement to use another's lands for a particular purpose (such as a sewer) does not ovrride the responsibility of the landowner to maintain their property in a safe condition. I am an attorney who has advised many friends and neighbors and on occasion paying clients about such matters. Good to keep attorneys out of it,Your own insurance and t your neighbor's insurance should be involved. A very helpful resource is Nolo Press Tree Law, available at the Berkeley Public Library..
Call your insurance company before you waste too much time or money on this. A falling tree is generally viewed as an act of god, and neither the city nor your neighbor is responsible unless you can show negligent maintenance or something of that nature that caused the tree to fall. I will agree with the response in the 1/12 newsletter that the easement does not necessarily let your neighbors off the hook, but that does not automatically mean that they are liable to you.
Nearly all sewer pipes in the City of Oakland are operated by the City of Oakland. Only a few large pipes near the Bay are operated by EBMUD. Here is a map of Oakland's sewer system for your reference: www.arcgis.com/apps/webappviewer/index.html?id=0e31284217a840ff90d316ce…
Pipes in an easement have the Code "1" under "Easement."