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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 12641
Experience:  I have been practising for 30 years.
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The previous owner of our house cut down some protected

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The previous owner of our house cut down some protected trees, the council enforcement officer is saying that we can be prosecuted over it. Surely this is not right.
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: none, I have just spoken to him today
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Good afternoon. I will assist with your question but need more info - also be aware this is an email not chat service and therefore maybe delayed in replying.

is this a private house or rental?

when did you move in?

Customer: replied 2 months ago.
Its a private house that we rent out to a care home and we moved in around last June

You cannot be prosecuted for an offence that you did not commit. The enforcement officer is wrong.

However you do inherit the liability from putting it all right and you can be made to replace the trees and if they are mature, then planting semi mature trees is not cheap.

That’s the limit of your liability because when you buy the property you inherit its problems.

The Seller should have declared this to you on the Sellers Property Information Form and therefore you would be entitled to recover from the Seller, any cost you incur in putting this right.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.


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