Land owner uncontactable

[hariba1]

Hi, I am purchasing a property that has had previous subsidence thought to be caused by a large oak tree in the open ground to the side. The property has been underpinned a few years ago. The aboricultural report that was carried out at the time states that the cause was considered to be an oak tree. It's a smallish open woodland type area with various trees which I thought was owned by the local authority. The reports I have suggested that the LA owned the land and had refused to cut the tree down - it's not protected. I have now found out that the LA do not own this land and that the owner of the land was uncontactable. Bits I have dug out go years back. My question is, what happens if I cannot make contact with the land owner? The branches from the oak tree are now overhanging the property and need to be cut back. And I am also worried as the report recommended the tree to be cut to grown level. I assume the underpinning was done because they too were unable to contact the land owner to have the tree cut. Does anyone know what the law would be as surely the tree would be able to be cut down it is causing potential ongoing issues and the owner is not contactable? Thanks

[RegB]

3 hours ago, hariba1 said:

The branches from the oak tree are now overhanging the property and need to be cut back

So cut them back!

[GarethM]

And why do you think they should cut down the tree, you can't really force them as the tree predates your house and your not even the owner yet.

 

Until you're the owner I wouldn't even acknowledge or discuss it.

Edited May 10 by GarethM

[doobin]

Don't purchase a house that wasn't built well enough- simples.

[Jon Heuch]

On 10/05/2024 at 16:29, hariba1 said:

Hi, I am purchasing a property that has had previous subsidence thought to be caused by a large oak tree in the open ground to the side. .... Does anyone know what the law would be as surely the tree would be able to be cut down it is causing potential ongoing issues and the owner is not contactable? Thanks

There is no definitive solution, but if I was buying a property that was located adjacent to a plot of land without a clear and contactable owner I would attempt to sort the problem out before finalising purchase, especially if there was a tree potentially affecting the property (underpinning may have worked against a smaller tree but the tree may well have grown since then).

The best method depends on how accessible any boundary of the neighbour's plot is to a public area but:

1) undertake a Land Registry map search to see if the plot is registered

2) if registered you will have a name and address of an individual or company. Make reasonable efforts to find that person or company and record your efforts; leave a reasonable period of time for them to respond (at least a month but  you may need longer....people go to hospital etc)

3) ask the person who is selling for their knowledge; ask other nearby property owners for information; record any efforts and feedback

4) has that person died? moved abroad? if died you would need to find a will to see if somone has inheritied the plot

5) depending on location, place a robust note (laminated for weather purposes) on the tree in question and on the plot boundary where members of the public could see it. Give contact details saying you would like to make contact because a tree is causing a nuisance.

6) contact the local council to see if there is any record of council tax/voter registration for the plot

7) if  you really do find a blank you may well be able to buy your property and then start using the adjacent plot. Look up adverse possession...."adverse possession of registered land" or unregistered land if it is unregistered......you may be able to buy two plots!

[NJA]

This is what you pay good solicitors for when you're purchasing a house, get them to find owner and advise on your legal position.

[Jon Heuch]

Don't expect a "good solicitor" to do anything of the sort; you can instruct a solicitor to do that but it won't come as part of a regular conveyance and depending on what you ask them for, it could be expensive and take some time (longer than a normal purchase). A search of the Land Registry website map is free - this will show you whether the plot is registered or not. If it is registered it will cost you £3 to download the title which should give you the name and address of the registered owner. Depending on age of that registration that migth be useful information or simply the beginning of a search. You are then into detective work and solicitors will subcontract such work out. A member of the Association of British Investigators may be of use. Put your postcode into this:

Tracing & Status Reports | ABI: Association of British Investigators

WWW.THEABI.ORG.UK

---

Tracing people calls for persistence, tact and diplomacy. ABI will help you find a specialist investigator with the vital skills and qualities.

 and you should be able to find closest to you. Expensive? Probably cheaper than a (good) solicitor.

[NJA]

5 hours ago, Jon Heuch said:

Don't expect a "good solicitor" to do anything of the sort; you can instruct a solicitor to do that but it won't come as part of a regular conveyance and depending on what you ask them for, it could be expensive and take some time (longer than a normal purchase). A search of the Land Registry website map is free - this will show you whether the plot is registered or not. If it is registered it will cost you £3 to download the title which should give you the name and address of the registered owner. Depending on age of that registration that migth be useful information or simply the beginning of a search. You are then into detective work and solicitors will subcontract such work out. A member of the Association of British Investigators may be of use. Put your postcode into this:

Tracing & Status Reports | ABI: Association of British Investigators

WWW.THEABI.ORG.UK

---

Tracing people calls for persistence, tact and diplomacy. ABI will help you find a specialist investigator with the vital skills and qualities.

 and you should be able to find closest to you. Expensive? Probably cheaper than a (good) solicitor.

Whatever.  But surely this is why you pay a solicitor to do searches and manage legal side of purchase?  Presume they pulled up that house had subsidence issues in past, my experience of buying various properties is they'll advise where you stand and next steps (surprising amount is included in initial fee)

Expensive?  Yea but not as expensive as doing a £3 search to try and (failing) to find solutions to problems that could potentially cost £1000's.

Up to the op but that'd be first thing I'd do, solicitor experienced in conveyancing should be able to resolve this.  

If they want to save a few quid and have the satisfaction of knowing after hours of research they'd sorted it, then crack on.

[Squaredy]

On 10/05/2024 at 16:29, hariba1 said:

Hi, I am purchasing a property that has had previous subsidence thought to be caused by a large oak tree in the open ground to the side. The property has been underpinned a few years ago. The aboricultural report that was carried out at the time states that the cause was considered to be an oak tree. It's a smallish open woodland type area with various trees which I thought was owned by the local authority. The reports I have suggested that the LA owned the land and had refused to cut the tree down - it's not protected. I have now found out that the LA do not own this land and that the owner of the land was uncontactable. Bits I have dug out go years back. My question is, what happens if I cannot make contact with the land owner? The branches from the oak tree are now overhanging the property and need to be cut back. And I am also worried as the report recommended the tree to be cut to grown level. I assume the underpinning was done because they too were unable to contact the land owner to have the tree cut. Does anyone know what the law would be as surely the tree would be able to be cut down it is causing potential ongoing issues and the owner is not contactable? Thanks

Remember, that even assuming you manage to find the landowner, and that they are happy to talk to you; they may not agree that the tree is a problem.

 

I am not an expert but I do know that pinning down the cause of subsidence to a single cause may well be a fool’s errand.  Perhaps the oak is a factor, but also the foundations might be a bit shallow. Or some other factors may come into play.

 

My house suffered slight subsidence in the hot summer of 2018, and the insurance company said I should remove an apple tree and 2 metres of hedge.  But the main reason is almost certainly the fact that the foundations were only 300mm deep.  New builds in my area have 1000mm foundations.

 

 These things are very rarely black and white, and often the only winners are solicitors.

[dan blocker]

It’s easy to let your heart rule your head over house purchases but I’m surprised you’re carrying on with the purchase to be honest? If you find the owner don’t expect any issue you have with the property to be sorted? Could take years - if ever to reach a solution and potentially £1000s in costs🤔