We moved into a house 3 years ago with a huge common oak at the bottom of the garden, probably 75ft +
We found out that busy body neighbours had requested a TPO while the house was empty (owner deceased and probate lengthy).
My question is, the tree stands on a 10ft long piece of land at the end of the garden which is held under separate title deed at land registry and wasn't sold to us with the house & garden. I only found out when searching on Land Registry myself 6 months after purchase as they had my name wrong.
We have a fence at the end of our garden now.
Can the Council/Neighbours MAKE us take responsibility for the tree even though we don't have title? At present there is nothing wrong with it - other than it is huge and blocks light to most of 6 gardens! It was inspected by the tree officer 3 years ago and was found to be healthy.

On 18/01/2015 08:23, Beachhutdays wrote:
We moved into a house 3 years ago with a huge common oak at the bottom
of the garden, probably 75ft +
We found out that busy body neighbours had requested a TPO while the
house was empty (owner deceased and probate lengthy).
My question is, the tree stands on a 10ft long piece of land at the end
of the garden which is held under separate title deed at land registry
and wasn't sold to us with the house & garden. I only found out when
searching on Land Registry myself 6 months after purchase as they had my
name wrong.
We have a fence at the end of our garden now.
Can the Council/Neighbours MAKE us take responsibility for the tree even
though we don't have title? At present there is nothing wrong with it -
other than it is huge and blocks light to most of 6 gardens! It was
inspected by the tree officer 3 years ago and was found to be healthy.




If you don't own the land, how could you be responsible for the tree? A
neighbour of my son's has just had her mature trees lopped, which
overhung several gardens. Half the neighbours were pleased and the other
half not. She couldn't win!
When it comes to unwanted shade, be careful what you wish for. Full sun
is not all it's cracked up to be. In summer you spend half your life
moving parasols and the other half watering :-)

"Beachhutdays" wrote


We moved into a house 3 years ago with a huge common oak at the bottom
of the garden, probably 75ft +
We found out that busy body neighbours had requested a TPO while the
house was empty (owner deceased and probate lengthy).
My question is, the tree stands on a 10ft long piece of land at the end
of the garden which is held under separate title deed at land registry
and wasn't sold to us with the house & garden. I only found out when
searching on Land Registry myself 6 months after purchase as they had my
name wrong.
We have a fence at the end of our garden now.
Can the Council/Neighbours MAKE us take responsibility for the tree even
though we don't have title? At present there is nothing wrong with it -
other than it is huge and blocks light to most of 6 gardens! It was
inspected by the tree officer 3 years ago and was found to be healthy.

If the land it's on is not yours then you have nothing to worry about
regarding liability. You can find out from the Land Registry who owns the
land (and tree) and if any other neighbours complain to you then you can
tell them who to contact. It would also enable you to complain if the tree
causes you more problems.
However, it may be that they all clubbed together and bought the land to
protect the tree from evil newcomers.
--
Regards. Bob Hobden.
Posted to this Newsgroup from the W of London, UK

In article , says...

"Beachhutdays" wrote


We moved into a house 3 years ago with a huge common oak at the bottom
of the garden, probably 75ft +
We found out that busy body neighbours had requested a TPO while the
house was empty (owner deceased and probate lengthy).
My question is, the tree stands on a 10ft long piece of land at the end
of the garden which is held under separate title deed at land registry
and wasn't sold to us with the house & garden. I only found out when
searching on Land Registry myself 6 months after purchase as they had my
name wrong.
We have a fence at the end of our garden now.
Can the Council/Neighbours MAKE us take responsibility for the tree even
though we don't have title? At present there is nothing wrong with it -
other than it is huge and blocks light to most of 6 gardens! It was
inspected by the tree officer 3 years ago and was found to be healthy.

If the land it's on is not yours then you have nothing to worry about
regarding liability. You can find out from the Land Registry who owns the
land (and tree) and if any other neighbours complain to you then you can
tell them who to contact. It would also enable you to complain if the tree
causes you more problems.
However, it may be that they all clubbed together and bought the land to
protect the tree from evil newcomers.

Perhaps some other previous owner of your house separated the strip of
land, to protect the survival of a much loved tree that has some
special significance to himself or the neighbours present or past. They
might have planted it as a memorial or for some celebration.

Land registry may be able to show you when the strip was separated and
by whom, and neighbours or other locals might know the history to
explain why.

Janet.

"Beachhutdays" wrote in message
...

We moved into a house 3 years ago with a huge common oak at the bottom
of the garden, probably 75ft +
We found out that busy body neighbours had requested a TPO while the
house was empty (owner deceased and probate lengthy).
My question is, the tree stands on a 10ft long piece of land at the end
of the garden which is held under separate title deed at land registry
and wasn't sold to us with the house & garden. I only found out when
searching on Land Registry myself 6 months after purchase as they had my
name wrong.
We have a fence at the end of our garden now.
Can the Council/Neighbours MAKE us take responsibility for the tree even
though we don't have title? At present there is nothing wrong with it -
other than it is huge and blocks light to most of 6 gardens! It was
inspected by the tree officer 3 years ago and was found to be healthy.


Short answer. It's not on your land and so you aren't responsible for it.




--
Beachhutdays

Thanks for all your comments, I'm feeling a bit more relaxed about it now. All comments much appreciated.

:0)