Neighbour cutting down tree - Need help/advice please

Hi everyone, hope you're all keeping safe. I'm in dire need of help please.

I'll try to keep it as simple as possible. There is a tree on the border of mine and my neighbour's garden. We are both council tenants, and according to registry this tree is part of my neighbour's land. However, an elderly woman used to live at that address, whose garden we would tend for her. Her garden was fenced off before the tree. Since the new tenants moved in about three years ago they have not extended their garden.

Adding further to the importance of this tree is that 13 years ago my mother committed suicide in it, so needless to say we have many emotional ties to it. For 25 years we have tended to the tree and the land around it.

Today, the neighbours, of who we have had many disputes with were asking a worksman to extend their garden and cut it down, despite us previously requesting it to remain. I believe that as we have tended to it and the land for over two decades we are therefore entitled to claim the land as our own? Or, can anyone provide any advice on how we can prevent our neighbours from cutting it down.

Thanks

 

You can ask for a TPO (tree preservation order) to be put on it. This can usually be done immediately and then I think there is a 6 month process to secure the TPO on it. (I think that is what I read at our local council). I'd ring your council ASAP and speak to the department who deals with TPOs (I think it is a department linked to planning). Hope that helps. x

 

Not sure about the law, but if it is actually in their garden, albeit fenced off, and it has no preservation order I would doubt you can do much about them having it cut down.

As you are both council tenants maybe you should have a word with the council?

 

That's great to know, thank you.

I'm going to give them a ring in the morning, however the council are aware of this issue and we previously appealed against it being cut down which was granted. I'm just unsure whether the Adverse property law applies to this situation.

 

I think you might find that a tenant acquires possessory title for its landlord (who already owns the adjoining land).

For a claim for Adverse Possesion to succeed, the land must have been used without permission, for example as a trespasser. Such behaviour is probably a breach of your Tenancy Agreement.

 

Hi @V8S
Just wondering how you got on with the council? Any success?

 

If the Council that owns the property is the same as the Local Planning Authority, then I was told many years ago that a Council could not make a TPO on their own trees. That may have been made up as an excuse not to do anything, or it could well be correct as I was directly informed of that by their Head of Legal Services.

 

Hmm, sounds like it may have been someone giving you an excuse. I was told by the Council that anyone can request a TPO whether it is their own land or not. But whether there is something specific regarding council trees then I dont know-but it would be quite odd.