TPO - Significant Breach and rectification

[Nimby]

Sorry, not really read all the thread.

 

If you are purchasing a property are the solicitors not dealing with the issue? You shouldn't need to get involved?

[Stubby]

  On 14/06/2019 at 15:34, EdwardC said:

If I was buying a house that was costing me hundreds of thousands of pounds, and I was made aware of  a problem that could land me with an unlimited fine and a criminal record,  I would get involved.

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But the prospective buyer has not commuted a crime  . Nor will he if he buys the property .  As long as the trees are replaced ( by whom it does not matter , but preferably the present owner )  then hey ho jobs a goodun ! 

[Stubby]

  On 14/06/2019 at 19:49, EdwardC said:

Nor have they commited a crime. And everybody must understand and accept that. Considering the possible, albeit unlikely, consequences, I'd want to be involved. Anyone buying a house, the biggest purchase/investment they're ever likely to make, should take an interest in it, and not abdicate total responsibillity to their solicitor. More fool them if they do.

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Absolutely ?

[Chris at eden]

I met a solicitor about 5 years ago that had been doing property conveyancing for over 20 years and had never heard of a TPO, so as Ed says, get involved, it shouldn't be arduous.  There are some really bad solicitors out there so its in the OPs interest to make sure he is covered.  

 

That was dealt with in the way I suggested.  I seller hadn't complied with a tree replacement condition, it was actually long overdue, it was just after the end of March following felling.  I met them on the Friday and advised of the issue, the seller hired a van to get the trees and planted at the weekend, I went back on Monday to check and then emailed to confirm they were in.  The variation followed shortly after.

 

One of them has actually died now so it needs to be replaced and new owner is being a bit of a tool about it.  After I was really helpful in getting his sale pushed through as quickly as possible.  Some people.  

     

[Gary Prentice]

  On 15/06/2019 at 10:17, Chris at eden said:

I met a solicitor about 5 years ago that had been doing property conveyancing for over 20 years and had never heard of a TPO,

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A new homeowner contacted me to do some tree works, did a search before meeting her and then explained that she was in a CA and that, no, she couldn't just do whatever she wanted to do next week.

 She had a real bullish attitude, telling me she wasn't because her solicitor hadn't told her she was  .

 

I'll admit to being just a little smug when I asked if 'her solicitor' had also forgot to mention that the property was also recorded as being in a Flood Zone. 

[Nimby]

  On 14/06/2019 at 15:34, EdwardC said:

If I was buying a house that was costing me hundreds of thousands of pounds, and I was made aware of  a problem that could land me with an unlimited fine and a criminal record,  I would get involved.

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With respect Edward, you are a person involved in trees but most people are not. If there are any discrepancies with trees on a site, a TPO and a potential new owner, the solicitor deals with it. Well, they do when they contact me for a copy of an Order. I should probably read the whole thread   

[Nimby]

Ok, I have now read the thread and as ever with these issues, it doesn't make sense. With respect to Bullish, have you (if possible) spoken to the Tree Officer for the Council.

 

I wouldn't post this sort of issue on here as it's just guess work?  

[daltontrees]

Nimby, what bit doesn't make sense? There's not a lot of guesswork, except a bit of speculation as to what the whole story might be.