Dangerous oak on verge

[Mark Bolam]

I went to look at an oak this morning that Highways had flagged up as needing attention and that it was ‘probably his responsibility’.

It’s big, feet from an A-road, and not in a good way.

Gano brackets, inclusions, cavities and deadwood.

IF he owns it, the next step will be a consultants report. It will almost certainly end up coming down, and it will be a big job. It’s about 4’ dbh and half the crown is over the road.

 

The thing is my mate is pretty sure his land ends at the fenceline.

The tree is clearly on the verge, which I thought would be Council owned.

Are Highways just trying to pass the buck?

It will mean a difference of several thousand pounds.

The tree is in Beckley, East Sussex.

 

If it does belong to my mate, I’d be interested in hearing from anyone who could do a report, and anyone who fancies a massive job!

[petercb]

Best and easiest first step is to get a definitive plan from land registry for his property if he hasn't already got one with his deeds. Very cheap, quick and straightforward will settle responsibility issues. 

[petercb]

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjIEKIvEocDckpD84NU8_XD8KTZm_m6OBp7GTv7e7caCRgYEZhgJUcyyMCCgAuQOswAAHcDTQ9_PIz03VL8iNqPDMDEgHAAblRA0!/dl4/d5/L0lDU0lKSmdrS0NsRUpDZ3BSQ2dwUkNTQS9ZSVVJQUFJSUlJTU1JS0VFQUFDR09HT0NHSUJKRkpGQkpORE5EQk5ISUVBTExBISEvNEczYUQyZ2p2eWhDa3lGTU5RaWt5RktOUmprS2NhZ21Rb2dnL1o3XzMyODQxMTQySDgzNjcwSTVGRzMxVDUzOFY0LzAvaWJtLmludi8zMDY1NzY0MTg1MTUvc3BmX0FjdGlvbk5hbWUvc3BmX0FjdGlvbkxpc3RlbmVyL3NwZl9zdHJ1dHNBY3Rpb24vITJmTWFwRW5xdWlyeUluaXQuZG8!/

[Mark Bolam]

46 minutes ago, petercb said:

Best and easiest first step is to get a definitive plan from land registry for his property if he hasn't already got one with his deeds. Very cheap, quick and straightforward will settle responsibility issues. 

Thanks Peter, that’s exactly what he’s pursuing now.

He’s a land agent as well as a farmer, so is pretty switched on to this kind of thing.

[Paul in the woods]

I'm currently having the opposite problem with a council. Anyway, apparently my council does have the ability to accurately determine the boundary so I'd ask for a definitive boundary line from the council in writing, reserving the right to claim back costs from the council if they get it wrong.

 

Land Reg documents can help but if the tree is close to the boundary they may not provide an accurate line, more a rough 1m guide. The fence may well be documented. Certainly worth getting as it'll be cheaper than sorting the tree.

Edited January 7, 2018 by Paul in the woods

[petercb]

We had a boundary issue and land registry sent OS guy out with state of the art GPS etc to map everything - expensive? Not a penny they do this all the time accuracy was to millimetres. Our boundary was spot on but roadside pavement about 4 metres away was nearly a metre out. I wouldn't be happy with council deciding (unless it went my way) as they are the other liable party - bit like Pep reffing a Utd/City game. 

[Khriss]

Seem to recall a pencil line drawn on an OS 1:1200 map is 6 feet wide in reality ! So maps are not the best arbiter , k

[Paul in the woods]

The council will not be deciding but if you force them to document something they may well be forced to agree the tree is theirs.

 

The Land Reg may not always be able to accurate decide as they simply cannot know. For example, I've bought a piece of woodland that was split from a larger farm and the land registry only have the plans the vendor and I supplied during the sale process which it would not be possible to accurately decide boundaries if the fences were removed. All they have is a map with a red line which would translate to 1-2m on the ground.

[monkeybusiness]

Is there any need for the expense of a consultant’s report? You obviously know your job, and the tree has multiple defects immediately adjacent to a highway. Surely it’s a removal plain and simple - argue over who foots the bill by all means, but it seems pointless (to me) to run the costs up massively for the sake of a few years of possible retention in that location.

[Kenty]

Hello Mark, I would be interested in undertaking a site visit with a view to quoting for the work.
I’ll pm you my mobile for a chat.