Tree covenant and irate neighour

[benedmonds]

What would you have done?

 

We had a cedar tree to fell today, 18m tall with a tpo about 8m from a house.

Home owner wants it out. We apply and get the go-ahead.

Turn up two trucks, chipper, trailer, 4 guys.

 

Start cutting when a neighbour runs out, "that tree is protected etc.." Explain we have permission... Then another neighbour comes out. Apparently he sold the land with said tree and put a covenant on the tree saying that no works could be undertaken without his permission. If we cut the tree he is going to sue for damages... and we can fell it over his dead body.

 

I don't want to be in the middle of a neighbourly fight but what would you have done?

 

Can a covenant be placed on a tree when you sell it preventing works and what damages could possibly be claimed, for felling a tree you own?

[Rich2484]

Do the now owners of the land and said tree have his covenant in writing???

[skyhuck]

Did the neighbour show you said covenant???

[benedmonds]

Do the now owners of the land and said tree have his covenant in writing???

 

They had not heard of it, but the neighbour came out with a huge bundle of papers searching for it.

 

I never saw it.

[Big Bolt]

What did the home owner say , he must of known if he purchased the property , but i presume the tree hugger sold it to a property developer , with the clause in it , then sold again to house owner with no clause in it , so fell it and let the property developer pay as he did not declear the convenant on the tree , somthing like that was there any paper work for said tree .

[Rich2484]

Cover your own backside and don't do it. Go back to tpo with this information and see what they can dig up on it. If it does have a covenant it will be on there paperwork.

[skyhuck]

Why was the TPO lifted, I would imagine the grounds for that would most likely overturn the covenant.

[benedmonds]

What did the home owner say , he must of known if he purchased the property , but i presume the tree hugger sold it to a property developer , with the clause in it , then sold again to house owner with no clause in it , so fell it and let the property developer pay as he did not declear the convenant on the tree , somthing like that was there any paper work for said tree .

 

The home owner had no knowledge of the covenant and called their solicitor to find info, while me and my lads sat about.. waiting..... I hate waiting.

 

Still what damages could he sue for? "You have damaged your tree pay me!"

[RobRainford]

realistically he could only sue for the trees value as determined by one of the recognised rating systems, other than that i dont see what else he could claim damages for.

 

as others have said, paperwork.

[benedmonds]

Why was the TPO lifted, I would imagine the grounds for that would most likely overturn the covenant.

 

It was an area TPO, the tree is only really visible from a few surrounding houses and is to close to the house.