The Comedy Of Errors

[Gary Prentice]

This is a little complicated, so please bear with me.

 

We have a client who has consent to prune a TPO'd tree. When I arrived in his garden the tree is over the fence.

 

The first line of the consent reads roughly " remove offending roots". Now this tree is immediately abbutting the boundary fence and two six inch buttress roots are the offending items. The gravel board is raised 4-5 above soil level. Lengthy conversation ensues about stability and liability. We can't do that no matter what the consent says.

 

The pruning part of schedule still looks okay to quote. "Who owns the tree?"

"No one!"

Turns out the client thought the local council owned this small patch of land, approached them to purchase it, to extend his garden. The planning department got wind of it and served an order. (in the belief that he had purchased it)

 

But the council don't actually own. Our client has paid someone to search the land registery. The land owned by the original builder didn't include it, the councils land falls short, as does that of a neighbouring property.

 

Because our client isn't the actual owner, he can't be served and the LPA agree they're in error.

 

If the client could buy the land, he can change fencelines and prune the tree.

 

As it seems to stand, the LPA can't protect the tree and the client can't do anything because he doesn't own it, or ascertain who does.

 

Advise please, cos its giving me a headache:confused1:

[treequip]

Why cant they protect it, they dont have to know the owner to protect the tree

[daltontrees]

And now it's giving me a headache too!

 

First issue, who can consent as landowner to the tree works?

Second issue, is the TPO valid?

Third issue, is the TPO consent valid?

 

Dunno, but I would love to hear the right answer.

[Gary Prentice]

I don't know how that works Andy, in that I believed that they had to serve the order - recorded delivery etc.

 

Planning officer agreed that, at this moment in time, the order has been served on the wrong person, so may not be valid. Anyway, its a bit immaterial, in that our client can't get agreement off of the land/tree owner to do anything, with or without LPA consent.

[Gary Prentice]

And now it's giving me a headache too!

 

First issue, who can consent as landowner to the tree works? No known owner

Second issue, is the TPO valid? Probably not, but immaterial

Third issue, is the TPO consent valid?Can they give consent if the order is invalid

 

Dunno, but I would love to hear the right answer.

 

:confused1::confused1:

[Stubby]

Get Brian Rix to star in it and put it on the stage !

[Pumpy]

Your client might want to become familiar with this legislation

 

The Gardenlaw forum is a useful place for relevant advice

[treequip]

The order can be made and confirmed even if no owner can be found.

[daltontrees]

Isn't there legislation down there (some name like Local Government Miscellaneous Provisions Act) that lets a Council go in and work on nuisance trees?

[Gary Prentice]

Your client might want to become familiar with this legislation

 

The Gardenlaw forum is a useful place for relevant advice

 

Client has never had the use of this land, nor fenced it etc. After having a quick look at the garden law site I wouldn't be that happy to promote it. If the roots were severed, legally or not (bearing in mind the consent already given) who is liable when the tree falls into the neighbours garden or onto his conservatory? I don,t think it can be as simple as you can just cut invading roots, whether the tree dies or not( as garden law appears to claim)