Tree covenant and irate neighour

[Dean Lofthouse]

Isn't it also true that you do not own the land, you only own title to it ?

 

So do you own the trees on said land ?

[treequip]

Land Registry - Land Registry - UK Government Department

 

Some woodlands sold in Australia do have a clause preventing felling of trees but uncommon in the UK.

 

Not as uncommon as you think.

 

Anything sold through woodlands.co.uk is riddled with restrictive covenants

[felixthelogchopper]

Right answer Charlie A deed of convenant is attached to the property and land. Once again it is a case of ignorance is no defence in law. A covenant is passed from owner to successive owner to protect in this case the trees. Let the client sort this out with his solicitor, its beyond your remit and tbh more than the job is probably worth in hassle. i checked this with a solicitor while discussing a planning issue, so I think its pretty sound advice.

 

Absolutely spot on, Andy, particularly given that the neighbour has given you the information regarding the existence of said covenant. If the client and current owner of the tree is genuinely unaware of the covenant's existence, their first port of call should be the solicitor who dealt with the land purchase/ transfer of title.

[WoodMouse]

sounds like a prize ass hat to me. I think i would have made up some bullshit about it being dangerous and diseased. Blind the guy with science.

[easy-lift guy]

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.

 

What a pain in the Dupa!, Just cover your Dupa with the proper paper work from the officials and take that tree down:thumbup1:

easy-lift guy

[Crazy Cutter]

Right answer Charlie A deed of convenant is attached to the property and land. Once again it is a case of ignorance is no defence in law. A covenant is passed from owner to successive owner to protect in this case the trees. Let the client sort this out with his solicitor, its beyond your remit and tbh more than the job is probably worth in hassle. i checked this with a solicitor while discussing a planning issue, so I think its pretty sound advice.

 

All good answers the covenants will be on the deeds held by the property owner and on the land registry website for 6 quid. Its up to the person who placed the covenant to sue the new deed holder if there is a breach of a covenant but its usually a threat to sue as it will cost a lot and they may still lose. Judge may favour new owner etc. Most properties have some, mine has no pigs,no business use and must maintain fence on western boundary.

[Goaty]

sounds like a prize ass hat to me. I think i would have made up some bullshit about it being dangerous and diseased. Blind the guy with science.

 

That does no good to the professional reputation of this industry or the company concerned with the incident. We tend to avoid going down the cowboy/conman route on arbtalk, though tongue in cheek we do have a laugh.

 

Only need to watch programs on tv with dodgy geezers, in the background the program has a Pro to consult. Joe public can get a second opinion just as easily.

 

I for one aren't blinded with science. Trust no one.

[Dean Lofthouse]

There are many reasons for placing covenants on land and one may be so that builders or house holders can't buy land just to make profit.

 

The land may have been bought for a song with the covenant, which would basically been an agreement that the owner will sell at a reduced price provided the new owner doesn't build on it or remove the trees.

 

People regularly agree to covenants to get land cheap on the sly thinking they may be able to overturn or disregard the covenant and make a killing.

[Justme]

What would you have done?

 

Start cutting when a neighbour runs out,

 

If you have started the felling cuts then its game over & needs to be felled.

[WorcsWuss]

If you have started the felling cuts then its game over & needs to be felled.

 

I wondered how far he'd got before the shouting started.....