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Category: Property Law
Satisfied Customers: 341
Experience:  Expert
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Can anyone help with tree preservation orders?

Customer Question

can anyone help with tree preservation orders?
Submitted: 23 days ago.
Category: Property Law
Expert:  MatthewM1117 replied 23 days ago.

Good afternoon, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. Can you clarify your question so that I can best advise you?

Customer: replied 23 days ago.
Hello Mathew
Expert:  MatthewM1117 replied 23 days ago.

Hi, how can I assist you further?

Customer: replied 23 days ago.
I have a bungalow that adjoins allotments.
I’ve been here almost 6 years and love it.
When I first purchased the property I was obviously aware of the oak trees that sat between my property and the allotments on the allotment side of my fence.
Somewhere down the line - either the estate agent or my solicitor failed to tell me that the trees actually belonged to me.
There has been some mention of the said strip of land belonging to the original builders who have long since gone into liquidation and now the council are telling me to check who the trees belong to.
Anyway - it would appear from my deeds that they are in fact my trees and my land the other side of the fence.
The problems I face now - are that these enormous trees - probs 80’+ high only stand about 15’ from the bungalow and there are 5 of them.
As they have TPO’s on them the council are totally against us touching them.
When I moved here I had a lot of health issues but now have become far f
Customer: replied 23 days ago.
No idea what happened there!!
Expert:  MatthewM1117 replied 23 days ago.

I am presuming that you have tried to contact the council in relation to this?

You will need the Councils permission if you wish to undertake felling or crown reduction on a tree that is protected by a TPO however it is advisable to discuss your proposals with the council prior to submitting the application.

They may suggest on alternative works that will solve the problem, and that will not conflict with our policies on tree protection. From practice, each council will take a certain amount of time, some will act much quicker than others it simply just becomes a matter of persisting to get them to have a look into the matter and then in some circumstances having to follow up with a complaint.

Customer: replied 23 days ago.
Far worse and cannot with the best will in the world cope with the trees or with the cost of Maintaining them.
I would not have ever purchased the property had I been aware of the situation - but it is what it is so now I need to know what to do.
Two are in decline and one is seeping black fluid. They are very old and looking worse each year with broken branches and new growth dying.
For the past 3 years 3 of them have suffered with bad powdery mildew with affects my asthma so I’m not able to go in the garden or sweep any of the leaves- I have to change my medication each summer.
I do understand that this is a lot for u to take in but I’m going crazy. Every time the wind blows I’m terrified one may fall.
I’ve had numerous conversations with the council but they simply don’t want to know
Expert:  MatthewM1117 replied 23 days ago.

Thank you for this further information and I am sorry to hear about your circumstances, when you say that the council do not want to know is it that they will not allow works to be carried out on the trees?

Unfortunatly the costs of the maintenance of the trees and this does sound like it will be expensive will fall on you as the landowner.

It may also be worth contacting the solicitors who acted for you on the purchase and ask for a copy of the file to ensure at the time of the purchase you were informed of the correct boundaries and the relevant TPO that was in place.

Customer: replied 23 days ago.
Would my solicitors have had that info then? Why would it be beneficial for me if I could prove I wasn’t told?
Customer: replied 23 days ago.
I really want to have them taken down - they are enormous!!
Expert:  MatthewM1117 replied 23 days ago.

I understand but the council will not contribute to this, if you were advised at the time that the trees were within your land and protected by a TPO would you have continued with the purchase?

Customer: replied 23 days ago.
No I wouldn’t have done.
Expert:  MatthewM1117 replied 23 days ago.

Then it is worth checking that at the time you carried out the purchase the solicitor fully advised you off the boundary lines and TPO.

Customer: replied 23 days ago.
Ok - I’ll do that
Customer: replied 23 days ago.
Expert:  MatthewM1117 replied 23 days ago.

Glad to be off assistance I wish you all the best.