TREES ON CROWN LAND

[waterbuoy]

The Crown Estate is (supposedly) an independent, stand-alone entity - primarily a land and property owner (eg significant parts of Regent Street) which returns any operating surplus to central govt in England and Wales.  It is operated by a board of commissioners independent of central govt.  Consequently, contacting your MP is unlikely to yield anything significant (unless you are in Scotland where TCE has been devolved to the Scot Govt and they influence far greater control)

 

TCE is usually not in favour of disposing of assets, but in this instance one would normally expect them to be able to place a value on the land (together with solicitors fees) without having to go too far down the purchase process.  Valuation would usually be carried out by the District Valuer, or their equivalent, although there may now be a public agency which takes this role.

[SarahD]

Thank you.  As I recall the legal fees started around 4k and that was a few years ago and then whatever they decide the land was worth on top, together with the uncertainty that the sale would even be approved, is too much for me to even contemplate.  Financially, even to have the trees pruned/lopped is too much of a burden right now and they are a size where it cannot be done without the proper gear and expertise.   The Crown Estate hold all the cards; land they got for free that they can sell on and no responsibility for maintenance in the meantime.    

[Dan Maynard]

There are some pockets of land in our village which as I understand are similar in that the developer liquidated. Nothing has been done to the trees on that land either.

 

I can't understand that they have no responsibility for the trees if they own the land though, surely the same rules for any landowner would apply? So if the trees are at reasonably foreseeable risk of failure then they would be negligent if they did not act. Doesn't mean they would do anything to keep them trimmed of course.

[petercb]

From the TCE website FAQ's dealing with escheat;

 

The Crown Estate, by convention only, through its appointed legal advisors Burges Salmon LLP, deals with the vast majority of instances where property may be deemed subject to escheat throughout England, Wales and Northern Ireland. It must be ascertained beyond any reasonable doubt that a property is deemed subject to escheat before The Crown Estate will consider dealing with it.

The Crown Estate does not take any action which might be construed as an act of management, possession or ownership in relation to the Property, since to do so may incur liabilities associated with the Property.

As agreed with the Treasury, it is inappropriate for The Crown Estate to act as a guarantor of last resort for companies and individuals who have failed financially, leaving onerous property in their wake. To do so would not be an appropriate application of The Crown Estate's revenues, nor was it a function envisaged for The Crown Estate by Parliament. Properties that may be subject to escheat are frequently onerous in nature, and many have little or no monetary value. The total cost of all potential past, present and future liabilities connected to such properties, of which there are many, would be enormous. As The Crown Estate accounts to the Treasury for its operating surplus, such a cost would end up as a burden on the public purse.

[SarahD]

It seems that I would have to establish beyond reasonable doubt that the land is subject to escheat and incur the financial burden this would involve.  That would be a hefty amount for me, but lucrative business for Salmon Burges.  At the end of this process, I maybe, just maybe, allowed to purchase the land that the government obtained without cost at the market price (and living in the south-east that's going to be higher than most other areas I would think).  In the meantime, I'm left (and I wish my solicitor had advised me about escheat land) with a little patch of wasteland with huge trees, which is great for the birds and the rats, but not so much for my house.  I think house builders should be barred from planting trees on any developments.  They might look nice at the beginning, but over time, if the council does not take ownership, they become a burden.  

[Dan Maynard]

22 hours ago, SarahD said:

I was hoping (and I searched for this) that the land maintenance issue had been challenged in court before and had gone against the Crown Estate. 

I guess they probably wouldn't bother if you just cut the trees down. May not be that much more expensive than trimming, and obviously one off expense rather than ongoing.

 

Worth a chat with the neighbours who cleared their bit, anything they tell you is cheaper than a solicitor finding it out.

[SarahD]

51 minutes ago, Dan Maynard said:

I guess they probably wouldn't bother if you just cut the trees down. May not be that much more expensive than trimming, and obviously one off expense rather than ongoing.

 

Worth a chat with the neighbours who cleared their bit, anything they tell you is cheaper than a solicitor finding it out.

Probably wouldn't, but I've looked up prices (although maybe worth getting real quote) and it would probably be a grand a tree. Now way I can come up with that kind of money.   I think I'm just going have to check my insurance policy to make sure I'm covered, but I'll keep on looking for cases like this that may come to court.  You never know.  Thank you everyone for replying.

[AHPP]

You're right to be irked. Steal the land back.

[htb]

1 hour ago, SarahD said:

Probably wouldn't, but I've looked up prices (although maybe worth getting real quote) and it would probably be a grand a tree

For a grand a tree, I will come down from Aberdeenshire and do them.

Can you post some pictures to give us an idea, apologies if you have already posted pics

[Dan Maynard]

1 hour ago, SarahD said:

Probably wouldn't, but I've looked up prices (although maybe worth getting real quote) and it would probably be a grand a tree. 

Obviously I haven't seen them but if it's outside your garden so I can park next to it they would have to be flipping massive to be a grand a tree. 

I've just priced today to remove 3 trees for 900.