Dangerous Trees on "Unclaimed" Land (Scotland)

[BofA.Trees]

Hi all,

 

I live in a property that borders a strip of "unclaimed land" (located here...)

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 The last known owner died in 1858 (Major John Henderson). The area in question is within a Tree Conservation Area.

 

One of the trees on this land is a wishbone-shaped tree with one of the mature trunks coming down during Storm Amy and on to a parked car (written off).

 

This incident drew our attention to the dozen or so trees on this small strip of land. There is a mature oak tree. Upon inspection, the oak tree displays fissures and stress damage around 6ft from the ground. The tree is around 70ft tall.

 

The local authority has refused to take any action as the tree is not obstructing any roads (see Scottish laws). 

 

They have refused to enter any discussion on safety, despite this being the major concern.

 

If I may, can I ask for your educated and expert opinions on the photos of the trees in question?. Is it possible to identify professionally the issues we should be concerned about, and if at all possible, what we need to say to the local Council in order to get them to act?.

 

Many thanks!

[Dan Maynard]

10 hours ago, BofA.Trees said:

photos of the trees in question

My opinion is you can't make a proper assessment from photos, you need someone qualified to have a look and write a report. Some opinions off the internet won't sway the council anyway.

[daltontrees]

2 issues. Does anything need to be done? Under what legal authority can anybody do it?

 

Can't tell from the photographs if anything needs done. Probably just  a matter of time before something needs done. It would require personal inspection.

 

Control of the land initially is with the owner. If someone dies without anyone to inherit, the land passes to the Crown, and a request for confirmation of this could be made to the Treasury Solicitor. If there are risks they can be brought to thte Crown's attention, it will have legal liability in negligence for any harm or damage and may have a general insurance policy to address claims, or may be self-insuring.

 

I can't see why the Council would have any powers to intervene. It's not a matter of refusing to act, it MUST have statutory authority to do so. If it's not a risk to road users, I can't think of any other statutory basis.

[Anno]

apart from this - 

Local Government (Miscellaneous Provisions) Act 1976

WWW.LEGISLATION.GOV.UK

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An Act to make amendments for England and Wales of provisions of the law which relates to local authorities or highways and is commonly amended by local Acts; to alter...

which most LA's wouldn't touch with a barge pole.

[Muddy42]

Scottish land ownership is pretty murky.  Its much harder to work out who owns land, there are a lots of murky community ownership tenures around, the owners can hide bheind companys, trusts or nominees and far more of it is not on a modern map-based registration system.

 

Are worried about trees falling on houses or roads? I think you have a two options.

- Pay a solicitor that specialises in land ownership to work out who the owner is.

- pay for a tree survey to give to the council or discuss with your house insurers