Tree covenant and irate neighour

[Pierre27]

I once bought a house that had been built in breach of a covenant. I had to buy an insurance policy against any future calim (which never happened). My understanding is that an "interested party" can sue through the county court system for any breach. This takes time and money and is obviously not guaranteed to suceed. You'd have to be pretty committed to follow it through. Not sure if the homeowner or contractor (or both) can be sued though. Don't touch it untill the client has sorted the problem!

[treequip]

I once bought a house that had been built in breach of a covenant. I had to buy an insurance policy against any future calim (which never happened). My understanding is that an "interested party" can sue through the county court system for any breach. This takes time and money and is obviously not guaranteed to suceed. You'd have to be pretty committed to follow it through. Not sure if the homeowner or contractor (or both) can be sued though. Don't touch it untill the client has sorted the problem!

 

A covenant is a promise between the 2 original parties and possibly sucessors in title, it has no bearing on anyone else.

[Daniël Bos]

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.

 

Excellent response, and the only sensible and correct answer so far!

 

You've obviously got what it takes to go far in this business, as I understand you're planning to set up. When are you planning to steal your first chipper?

[felixthelogchopper]

Excellent response, and the only sensible and correct answer so far!

 

You've obviously got what it takes to go far in this business, as I understand you're planning to set up. When are you planning to steal your first chipper?

 

[Rich2484]

Excellent response, and the only sensible and correct answer so far!

 

You've obviously got what it takes to go far in this business, as I understand you're planning to set up. When are you planning to steal your first chipper?

 

:lol:

[Bassett]

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.

 

That has to be the bottom line. Not only are we supposed to be surgeon's but legally savvy too. In the event of any confusion always cover yourself.

[Dan Earp]

Get them to look at the paper work as weve got one ongoing and basicly the paperwork for the tree is worthless after the house has pasted though one owner. So they think the tree cant be touched but infact it can be felled

[HCR]

Good thread, wish I'd seen this before.

 

A covenant is indeed attached to the land (dug into the soil as one judge said). It's totally separate from TPO legislation so dead/dangerous is not an automatic exemption!

 

Someone asked about land ownership - there is no such thing as absolute land ownership in the UK (unless you happen to be the Queen). You may own an interest in the land, and there are two types of interest: freehold and leasehold.

 

The remedy for breach of covenant is damages, and this is not necessarily anything to do with the value of the tree; it is connected to the loss of enjoyment of the dominant property as caused by the servient property's actions.

 

The covenant will be on the deeds, otherwise it does not exist. It is a land charge so will be also entered on The Charges Register and is easily checkable. If the buyer's solicitor failed to point it out he may be liable for failing to do his job properly.

[HCR]

Get them to look at the paper work as weve got one ongoing and basicly the paperwork for the tree is worthless after the house has pasted though one owner. So they think the tree cant be touched but infact it can be felled

 

Careful.

 

That can be the case, but it's by no means automatic.

[Dan Earp]

Yeah thats why we havent touched it yet .. The owner sort advice from his solicitor and after a drawn out procudure its looking like it coming down. Need to confirm