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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10780
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi Max, I have recently moved into a new property and have

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Hi Max, I have recently moved into a new property and have discovered that the roots of a tree on my property are damaging the concrete floor of my garage. The floor is severley cracked and rising up in places by almost 2 inches. Each time I viewed the property before the purchase was complete the vendors car was in the garage, thus hiding the damage. The deeds of the property state that there is a restrictive covenant that trees cannot be lopped or felled. I contacted the tree preservation department at the local council who have advised me that my street is not in a conservation area, and that the tree on my property is not subject to a preservation order. They also said that I do not need consent from the local planning authority to carry out works on the tree. Next I contacted the land registry to see if it was them that I needed to discuss the matter with in order to get the necessary permission to remove the tree. They said the covenant was not showing on their entry in the register. I have a copy of a document headed: ' H.M. Land Registry Land Registration Acts 1925 to 1971 Transfer of Part (freehold) ' where The Transferor is listed as Central Lancashire New Town Development Corporation. I googled this and it seems they are no longer in existence, but was an amalgamation of three local councils back when my house was built in 1984, one of them being my local council who was my first point of contact when I got in touch with Tree Preservation Dept., So no joy there. My last attempt to contact somebody in order to get permission was the original builders Poco Properties Limited who are also named on the H.M Land Registry document I mentioned. On googling this particular company the only result I got was that they last filed accounts in 2010, and it seems to me that they are therefore no longer around? I don't know what to do next as I don't seem to have any more avenues to go down, but do need to get rid of the tree that is damaging the garage floor. Can you help me?

Kind Regards

Kim Hardman
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry, as my colleague is offline.

It appears to me that you have already done as much homework as you can!As the party with the benefit of the Covenant appears no longer to be in existence, you are free to proceed and remove the tree.
This is because them, and only them, have the benefit of the covenant and if they are no longer in existence, no-one else's consent is required.
As a side point, I would mention that the only normal reason this type of covenant is put in Deeds is that on new build properties, the local Council often impose a planning condition that the Developer plant various trees and shrubs on an Estate and this condition will include a proviso that no such trees or shrubs should be removed for a period of 10 years. I note the Development is over 10 years old and you have already checked with the Council that their permission is not required to remove the tree.

I hope this puts your mind at rest.

Please let me know if you require any further clarification.

Kind Regards
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