URGENT ADVICE PLEASE - WHO'S RESPONSIBLE FOR CUTTING TREES IN CONSERVATION AREA WHICH ARE ON UNREGISTERED LAND

[Jasvindera]

3 hours ago, Steven P said:

It is a valid point, at the moment and while the trees are healthy just in case it takes longer than you think I'd make sure the house insurance covers it.

Yes I take that on board - I have this in place - thank you kindly

[Jasvindera]

3 hours ago, peds said:

Anything could be dangerous if it falls.  Some things are more likely to fall than others. Literally billions of trees don't fall over every single day.

What specifically worries you about these ones? It's tricky to gauge their health from that short video.

Any other pictures available? 

I think its the fact that there are more risks of storms than before, height of them and branches actually coming over to my house - I will try and get some pics up for you to get clearer picture of them.

[Jasvindera]

1 hour ago, Pete Mctree said:

The proximity of these trees does not make them a hazard. Have they been inspected ?

You could have the trees inspected by a qualified arborist and a report written. If the report indicates that the trees are in a dangerous condition you could present this to the local council - they have powers to deal with these issues when the land owner is absent or not known and there is a genuine threat/danger.

Thank you for the information and the link

[Joe Newton]

If no-one else can help you and if you can find them, maybe you can hire DART

 

D.A.R.T. International UK – Disaster Arborist Response Team

DARTINTERNATIONALUK.ORG

 

[aswales]

Someone owns the land, the land registry does not contain a record of every peace of land...many pieces of land are un-registered and ownership still relies on papre deeds.   It is the land owners responsibility, the council will only act when the owner cannot be easily traced if it is a danger to the general public in a public accessable area.  Most councils have a tree officer who deals with any tree issues in public spaces, try contacting them for advice.

[Jon Heuch]

Jasvindera

Your problem is common; if LR are showing the land to be unregistered all that means is that it hasn;t changed hands recently.

The typical options are:

i) the local council - you need to check parish council, local council and county council (including highways), depending on where  you live. If they all deny ownership then:

ii) the company that developed the land, if you are on an estate that was developed all at the same time. Your own deeds (or title from LR) may give you a hint of which company/individual was involved. Highly likely they have forgotten all about it or have no assets and be unresponsive in dealing with the trees.

 

So if the above gets you nowhere (and assume it will, so to shortcircuit the process) simply put up a piece of paper on the trees - best laminated to ensure it lasts a few weeks - visible to the public/passers by asking the owner to get in touch with you because the trees are causing a nuisance/present a hazard (use whatever words you think are appropriate).

 

If no-one gets in touch and you have no hint as to who the owner is, you are on your own. In some circumstances, where real danger is present, a council does have the power to act, at their discretion. If you think they should but aren't consult your local councillor.

 

Finally, engage with a tree surgeon to assess what work is necessary, explain the circumstances and pay them after the work is complete! If subsequently a tree owner emerges pass the bill to them; if they complain that you have damaged their trees come back to me!  It's fairly easy to make them go away when you point out the costs you have incurred from their negligence.

 

 

 

[aswales]

Also don't forget it is a conservation area - that means completing a notification of proposed works to trees in a conservation area form and submitting that to your local planning authority. 

[peds]

How long have the trees been there? Were they planted after you'd moved in to the house?