TPO replanting restrictions

[Frod]

I’ve been given permission to remove a large oak tree for one of my customers that was covered by a TPO. With it came the usual replanting stipulation.

 

Now, as the permission lasts for two years, the tree can be removed but then a replacement doesn’t need to be planted immediately, but possibly after the summer when planting conditions are more favourable.

 

If the homeowner moves house between tree removal and the replacement being planted, is the new owner then liable for the fact a replacement hasn’t been sourced? Am I liable for the fact the previous owner only wanted to do the bare minimum and get the tree out of the way?

[daltontrees]

The replanting obligation runs with the land. The new owner would be liable. It would be a matter of contract whether the seller passed that obligation on to the new owner. If he didn't and was sneaky about it he might still be liable for the cost of complying with the replanting obligation. I expect your contract is with the previous owner and will not have been assigned to the new owner without your knowledge and agreement.

 

Summary -  owner for the time being is liable. You're probably out of the loop now.

[kevinjohnsonmbe]

If the vendor intentionally withholds material information at the point of sale they could find themselves liable for recovery from the purchaser.  The purchaser's conveyancer "should" highlight any outstanding charges against the land but the likes of TPOs are often not highlighted.  The purchaser could seek to recover costs against their conveyancer if the failure to highlight was professionally inept.

 

None of which is any concern or liability for the person that was contracted to remove the tree.  If you weren't contracted to undertake the re-plant you just walk away.

 

 

[Frod]

Cheers guys.

It’s not that the customer is being particularly difficult but (especially with the current virus issues) money isn’t a bottomless pit so if they can delay having to pay out another £500 or so for another 6-18 months they will do.

I just didn’t want to end up with being responsible because they chose to ‘forget’ their responsibilities!

[kevinjohnsonmbe]

What sort of condition is it that requires a £500 re-plant spend?

[Gary Prentice]

3 hours ago, kevinjohnsonmbe said:

What sort of condition is it that requires a £500 re-plant spend?

Depends entirely how, where, what size is involved ( Middle of brand new yorkshire stone patio for example, in heavy deep clay with no drainage in pit )

 

Totally aside I have a scheme in front of me where a developer seems to think that sorting 20+ 20ft tall trees in <1m square pits is gonna be cheap. Every earlier planting in the precinct is already lifting the pit surround and surrounding paving. 

"Just make good and make right" 

"Open your cheque book!"

[daltontrees]

On 19/03/2020 at 19:56, kevinjohnsonmbe said:

If the vendor intentionally withholds material information at the point of sale they could find themselves liable for recovery from the purchaser. 

Yes that's what I meant about being 'sneaky'. Nothing to do with TPO law but part of a full answer for the OP. And quite rightKJ to mention conveyancing incompetence too.

[Frod]

What sort of condition is it that requires a £500 re-plant spend?

Specified a 4-5m oak tree, not great access with pretty heavy clay to dig through, all by hand.

As long as it’s not up to me to fix it once I’ve removed the tree I’m happy. I just had an idea that they were planning on moving back to Australia in the next few years and didn’t want to end up some how liable.