TPO Rented Land

[parkgate]

I own a small property and rent a small strip of land adjoining my garden from the council.There are a number trees on the land.

 

Recently my neighbour turned up unannounced with a tree surgeon and started to lop off branches.I immediately asked him to stop which he did.

 

The once attractive tree now looks a bit of a mess.

 

I suspect that there may be a tree preservation order on the tree.

 

Who is responsible for this damage?

 

And surely the tree surgeon should have checked before proceeding?

 

Thank You

[agg221]

I'm sure others will be along who are better qualified to comment on your specific question, but bad luck on this - we had similar issues with a small plot of land we rented next to ours and the neighbours deciding they didn't like the trees so just cutting some down.

 

The general principle seems to be that the trees are the property of the owner rather than the tenant, so they need the owner's permission rather than yours. It is also now the owner who is owed compensation (technically criminal damage if they didn't have permission), including the cost of any further work required to tidy it up, specified either by the owner or, if there is a TPO, potentially the tree officer.

 

In our case there was eventually a positive outcome. The owner got so fed up with our neighbours causing him grief over the trees on the land that he sold it to us. I haven't told the neighbours, but it will be interesting if they turn up again....

 

Alec

[parkgate]

Thank you.

 

I take it that I am not responsible - I didn't invite him onto the land and stopped him from doing further damage.

[felixthelogchopper]

I own a small property and rent a small strip of land adjoining my garden from the council.There are a number trees on the land.

 

Recently my neighbour turned up unannounced with a tree surgeon and started to lop off branches.I immediately asked him to stop which he did.

 

The once attractive tree now looks a bit of a mess.

 

I suspect that there may be a tree preservation order on the tree.

 

Who is responsible for this damage?

 

And surely the tree surgeon should have checked before proceeding?

 

Thank You

 

When you say he turned up unannounced, do you mean they trespassed on the land which you rent to cut back trees which were not intruding onto their property over a common boundary, or do you mean he cut back branches which were protruding into their garden?

[parkgate]

No part of the tree overhangs his land - in fact he has to cross a brook to get to it.

 

It was totally on my rented land.

 

The tree does block some of his light however.

[felixthelogchopper]

No part of the tree overhangs his land - in fact he has to cross a brook to get to it.

 

It was totally on my rented land.

 

The tree does block some of his light however.

 

In that case, trespass (civil, not criminal, likely outcome of abatement of nuisance ie neighbour gets told not to do it again), criminal damage (owner of land's call) plus any TPO infringements ( council's call). Blocking light is not actionable in this way, only any actual physical protrusion across their boundary. As a tenant of the land in question, let the landowner deal with it. With regards to the tree surgeon checking first, don't make the mistake of thinking all tree surgeons are the same.

[parkgate]

No part of the tree overhangs his land - in fact he has to cross a brook to get to it.

 

It was totally on my rented land.

 

The tree does block some of his light however.

[parkgate]

Thank you.

 

I somehow managed to send my last post twice.

 

This is a helpful answer.

 

I am not sure of the qualification of the Tree surgeon.

[parkgate]

Thank you.

 

I will check the rental agreement and report back.

[Stubby]

Before you do any thing put your post code in to the LA and ask if there are any TPO trees .