Dangerous oak on verge

[Mark Bolam]

7 hours ago, monkeybusiness said:

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.

I would tend to agree mate.

[Mark Bolam]

The crux here is ownership.

I’ll update everyone once that is established.

[TigerTree]

where there is a ditch at the side of a road, the ditch can be interpreted as the boundary.

Previously had a large lime at roadside, also in Essex and the County arb said that as it was on the far side of the ditch, it was the adjacent landowners responsibility.

[janey]

Land Reg Title Plans are a guide only and cannot be relied upon for the definitive boundary line. The plans always contain this caveat:

 

"This title plan shows the general position, not the exact line, of the boundaries. It may be subject to distortions

in scale. Measurements scaled from this plan may not match measurements between the same points on the

ground."

 

The LA will hold the definitive maps for the extent of the highway and therefore the land that they own and / or maintain, with the very occasional exception where land is unregistered. Although this tree may appear to be on highways land, it may be considered an original boundary feature (ie, marking the extent of your client's property) or on the property side of a boundary ditch. In either case, it will not be the LA's responsibility. Most people fail to realise that their responsibility can extend to the land and trees that are seemingly adjacent to their perceived boundary line. Basically, if the LA categorically states that this tree is your client's responsibility to maintain then it is.

[Paul in the woods]

Is there a specific name for this map?

 

I'm having an issue with my highways dept where they seem to change their mind on the ownership of a piece of land when it suits them. When we met they had a copy of their highways maps that seemed to bear little relation to the land at all, probably because it was based on something decades old. Even the features were exaggerated as they are on OS maps so it was of little use to identify ownership.

 

It would be handy to know if they have a specific system or map I can ask for.

[Arctostaphylos uva-ursi]

We had some folk from the travelling community set up camp in a nearby lay-by about a year and a half ago.  The highways authority decided that the land on which the lay-by sat belonged to the local estate and suggested they do something to move the occupants on.  The estate disputed ownership but the LA were insistent.  After some time the occupants did move on and the estate notified the council that they would be blocking the entrances to the lay-by with large boulders to deter any return, however the council told them not to as they had decided the land did actually belong to them after all!  The slippery so and sos.

[Spruce Pirate]

I don't know if things are different with you in the far south, but the guidance I've got for roadside trees and ownership here in Stirlingshire is:

 

Who Owns the Tree?

1. Legal responsibility for a tree rests upon its owner who is usually the personw ho owns the ground in which it grows.

If the tree is outwith the road boundary then it is unlikely that the roads authority will own it, unless they have taken out a conveyance on the land.

2. If the tree is within the road boundary it will belong to the roads authority only (a) if they have taken a land conveyance or (b) they planted the tree. Otherwise it belongs to the adjacent landowner because they own the subsoil (or solum)of the verge and carriageway up to the centre line of the road.

The Road Boundary

3. If the land has been bought to constructor improve the road the deeds will contain a plan of the legal 'boundary.

Where no land has ever been bought the general rule is that the road stretches from fence to fence or hedge to hedge, but does not include the boundary structures themselves.

 

I think it's the last sentence that you want if there aren't any deeds/plans/maps available.

[Mark Bolam]

12 hours ago, janey said:

Basically, if the LA categorically states that this tree is your client's responsibility to maintain then it is.

I would disagree with that.

The LA might like to think they’re the law, when it suits them, but they actually aren’t.

[Mark Bolam]

They haven’t even got any guns.

[Mark Bolam]

Thanks for the input again fellas, it is ongoing and I’ll keep you posted.