tree preservation problem

randkell · #1 08-02-2010, 11:20 AM

anyone help with this problem? - scenario -
large tree on small piece of land adjoining my property has fallen and crashed into my garden doing extensive damage. No-one locally seems to know who owns the strip of land and I am endeavouring to ascertain ownership via Land Registry etc., My insurance company is dealing with my claim. However, there is another tree standing next to the fallen tree which, if it also fell, would fall in exactly the same place doing the same kind of damage. The trees don't appear rotten (apart from a few dead branches) but are on a small shallow bank and appear to have slipped. Can I legally fell the second tree before it falls and if the Preservation Dept puts a preservation order on the tree does that mean that they then own the tree and become liable for any damage it may cause in future?
This second tree could become a problem should I wish to sell my property. Any advice would be appreciated.

JWK · #2 08-02-2010, 11:56 AM

All I know about preservation orders is that the council apply them and it's up to the owner to conform with the order. The council does not own the tree once a preservation order is served.

It sounds like you are doing the right thing going through the land registry, have you also tried the council in case they know who owns the land - it might be them?

Periwinkle · #3 08-02-2010, 12:24 PM

Quote:

Originally Posted by JWK

All I know about preservation orders is that the council apply them and it's up to the owner to conform with the order. The council does not own the tree once a preservation order is served.

It sounds like you are doing the right thing going through the land registry, have you also tried the council in case they know who owns the land - it might be them?

I agree with John, Randkell

Have a chat to the Council about the tree situation. Having a Tree damage your property is not a good thing is one thing, and worrying about another Tree is another thing.

Ask for the environment dept, (or whatever dept is relevant) and they will do all the research on the Tree, (contact relevant bodies).

The council will let you know soon enough if they are the owners of the land or not

Regards
Kathy
x

treesurfer78 · #4 08-02-2010, 09:36 PM

Hi randkell,

First and foremost you definitely should not fell any tree with a preservation order. The fines for doing so can reach up to £25,000 and in certain circumstances a custodial sentence can be imposed.

Ring up your local council and ask to speak to their tree officer. Arrange a time and date for the TO to visit the site and voice your concerns. The TO will be able to check the tree's health and also assess whether it will be likely to fail. If there is reason to suspect that the tree does cause concern to people of property the TO can allow work to be carried out under strict guidence. Whoever owns the tree will have to arrange for work to be carried out once permission has been granted.

randkell · #5 09-02-2010, 11:34 AM

thank you all for your input. First thing I did was ring council as strip of land is between edge of road (no pavements here!) and fence at bottom of slope along edge of farm field and I thought they would own it. Council came and said nothing to do with them. Owner of the field said not theirs either. Will wait to see what Land Registry comes up with, then write to District & County Councils to see what they have on records. After that??? Presumably this dilemma applies to any roadside strip of land that has trees on it. Never gave it a thought before, just assumed somebody owned them or was responsible for them.

JWK · #6 09-02-2010, 02:06 PM

Quote:

Originally Posted by randkell

Presumably this dilemma applies to any roadside strip of land that has trees on it. Never gave it a thought before, just assumed somebody owned them or was responsible for them.

It can be very difficult to find who owns strips of verge especially in urban areas because they can have a fair bit of value. We have a 'ransom strip' opposite us, a developer owns the verge along the whole street and has tried to control access to people's back gardens - every now and then applying for planning permission to build. He does it via solicitors and it's been very difficult to discover who it is.

If no-one appears to own your attached strip then you could make a claim for it yourself - it takes time (12 years I think) and you have to tend the land yourself. If the owner does not come forward in that time frame I believe you can register it under your own name via the Land Registry. You would have to prove that you were looking after the land for all that time though, if you went down this route I'd advise checking the law for yourself as I'm working from memory

Marley Farley · #7 09-02-2010, 02:31 PM

You could also contact your local Highways Agency, usually based in the council & ask them if the verge is theirs.. You might get more luck from them as there is a road there..

Periwinkle · #8 09-02-2010, 02:57 PM

Quote:

Originally Posted by randkell

thank you all for your input. First thing I did was ring council as strip of land is between edge of road (no pavements here!) and fence at bottom of slope along edge of farm field and I thought they would own it. Council came and said nothing to do with them. Owner of the field said not theirs either. Will wait to see what Land Registry comes up with, then write to District & County Councils to see what they have on records. After that??? Presumably this dilemma applies to any roadside strip of land that has trees on it. Never gave it a thought before, just assumed somebody owned them or was responsible for them.

Another suggestion to go with Marley's, is that you could ring up the Tree Preservation people and see what they have to say about it and they may give you ideas who you can contact too!

Regards
Kathy
x

has bean counter · #9 09-02-2010, 07:27 PM

Would you like to own the piece of land?

theplantman · #10 09-02-2010, 08:00 PM

i think you could still get the tree officer to have a look if your concerned. Im sure if you tell them your worried and that fnding who own the land is proving difficult. He may put your mind at ease, tell you why the other fell and explain why the other may be perfectly safe. If the news is bad and tree is unsafe, insist the council find the owner or make it safe in the absance of an owner. Im sure once its declared dangerous the council wont simply leave an accident waiting to happen purlely because they cant find the owner.

If it were me Id get the tree officer out IF they wont come because your not the owner I would tell them I was the owner and act stupid after getting the verdict.