Trees on unregistered land

[richsafc]

A client has put in notice to the council to fell 5 Beech trees in a conservation area, and replace them with a Beech hedge.

They are doing this as the trees should have been maintained as a hedge in the first place and now after years of neglect are way out of control.

 

It is 6 weeks to the day today and the council have been on the phone asking for them to withdraw their notice and meet on site to discuss the trees as they see them as having a lot of amenity value. And also the fact that the trees are on unregistered land.

 

2 questions about this:

 

If the 6 weeks is up, am I right in thinking that unless the local TO sticks a TPO on the trees overnight then we can go ahead with the work tomorrow? (I know that talking to the planning department is probably a better solution so a hypothetical answer is all I'm after)

 

And

 

Has anyone any experience of felling trees on unregistered land? Is it a no-no, or is there no comebacks as the land is not registered?

 

Any help much appreciated.

[treequip]

If the 6 weeks is up, am I right in thinking that unless the local TO sticks a TPO on the trees overnight then we can go ahead with the work tomorrow? (I know that talking to the planning department is probably a better solution so a hypothetical answer is all I'm after)

Yes

 

 

Has anyone any experience of felling trees on unregistered land? Is it a no-no, or is there no comebacks as the land is not registered?

Just because its not registered doesn’t mean no one has title to it, you run the risk of someone popping up saying "those are my trees" either during the work or thereafter

[bythamboy]

what do you mean by "unregistered " , IACS SFP5 ? how do you know they haven't put a TPO on within the last few days .?

[treequip]

what do you mean by "unregistered " , IACS SFP5 ? how do you know they haven't put a TPO on within the last few days .?

 

 

Land is owned by the crown and title is given to we of the proletariat, titles are registered with the Land Registry. Not all land is registered but if it has changed hands recently registration is mandatory

 

If an order had been made the person making the 211 would have been served a copy of the order.

[richsafc]

what do you mean by "unregistered " , IACS SFP5 ? how do you know they haven't put a TPO on within the last few days .?

 

The LA have asked the client (today) to withdraw the notice so that they don't have to TPO the trees and can come to agreement about the trees without a full blown application. So they def haven't put TPO's on them (yet).

 

As for the unregistered land, it is something I am very unfamiliar with so am more concerned about. All I know is that the land is not registered with the Land Registry and the client has checked that the local council, highways agency and surrounding landowners don't own it.

 

Apologies for my ignorance but what is IACS SFP5?

 

many thanks

[richsafc]

Just because its not registered doesn’t mean no one has title to it, you run the risk of someone popping up saying "those are my trees" either during the work or thereafter

 

This is what is worrying me to be honest. I guess I being the contractor am the one who is liable if there is a title owner and they say, find me 5 semi mature Beech trees and put them back as they weren't yours to take down?

[treequip]

This is what is worrying me to be honest. I guess I being the contractor am the one who is liable if there is a title owner and they say, find me 5 semi mature Beech trees and put them back as they weren't yours to take down?

 

You are just some bloke with a chainsaw who was instructed by your client to fell his trees, make sure you have that in writing and as far as the registry goes, you have no recolection of any such conversation, unless its in writing anywhere.

[hedgesparrow]

all land is owned by someone even common land. the client who has asked you to fell these beeches can not legally ask you to fell them as they are not his but a unknown person or persons.

he needs to do the ground work even if it means going to the archive office to see who has owned it going back in time. he may be able to find out that lord sod it all owned it in 1800 then sold it to a trust for bewildered birdies. or such like. it may even be crown land if so crown estates would be able to tell him its there's but to cut them down you could be in a right legal minefield and as you cut them down the blame will lay at your feet. even if you have a letter in writing from chap who wants them down.

[geoff]

all land is owned by someone even common land. the client who has asked you to fell these beeches can not legally ask you to fell them as they are not his but a unknown person or persons.

he needs to do the ground work even if it means going to the archive office to see who has owned it going back in time. he may be able to find out that lord sod it all owned it in 1800 then sold it to a trust for bewildered birdies. or such like. it may even be crown land if so crown estates would be able to tell him its there's but to cut them down you could be in a right legal minefield and as you cut them down the blame will lay at your feet. even if you have a letter in writing from chap who wants them down.

 

I completely agree with this,they are not the clients trees,to knowingly cut them on a third party property would be legaly & morraly wrong.

[richsafc]

and as you cut them down the blame will lay at your feet. even if you have a letter in writing from chap who wants them down.

 

Yeah I thought that, and is the reason I am most probably going to be keeping out of it until the issue of ownership is resolved.

 

 

Many thanks for the help guys, its much appreciated.