GardenBanter.co.uk - View Single Post - Tree Preservation Order

Janet · 18-01-2015, 05:37 PM posted to uk.rec.gardening

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.