Tree work on un-owned land

[Adam M]

Yeah i come across these situations on a regular basis. Quite often a pain in the backside. It's all alright having a tree down for matey who doesn't want it but then all the neighbours do want it.

 

Do you know who the original developer was? If so, see if you can contact them and hassle them direct. Occasionally they are still in business and are helpful! Quite often there is an assumption that councils either own these bits of land or keep a record of who does, which isn't the case.

[Kev Stephenson]

We see this quite a bit. New development of say 100 houses and the developer as part of his planning condition has to make good the 'spare' land (footpaths, stream edges, open green space, i.e. that not in gardens) and get the land to a standard the council are happy with before it is signed off and adopted by the council. Developer sells all the houses while working very slowly if at all on the spare land then goes bust before the land gets adopted. The council hasn't yet adopted it, the developer is no more and the land has no value hence the receivers can't sell it as part of the bankruptcy process. The bankruptcy is signed off and the land has no owner.

 

In these cases fulfilling your legal requirement of the owners permission is all but impossible. Either confirm with the council that you have done all you possibly can to find the owner (post notices, land registry search, council checks, etc) and the council agrees that you can carry out the work (get this is writing) without the owners permission or walk away from the job. Someone will do it without permission and full checks I am sure.

[tree79]

If you have done all your checks, and the appear to be unowned, I believe it goes back to the crown (Im not 100%).

if this is the case, for which I have only come across once, the the crowns solicitors wont give permission as it means there admitting liability, but they wont object either, but as previously stated it is more then likely to LA owned

 

The Crown Estate - FAQs

 

hope this helps

tree

[daltontrees]

Not a bad idea! I could have my own alley, all I've ever dreamed of

 

Aye, quite! Am i right in saying you're just the contractor being asked to do the job, nit the adjacent landowner? If so, much as everyone here is mucking in as usual with innovative suggetions, the simplest solution for you is to tell the customer that you are not qualified or able to determine his legal rights to have you remove the tree, that you are just a contractor and that if he instructs you to remove the tree (get this one in writing, even an email!) then you will do it. What is important is that he knows that he cannot rely on you having done any checks.

 

If he baulks at this, walk away, because he is probably trying to set you up to take the rap for something he suspects is dodgy.

[treefolk]

Aye, quite! Am i right in saying you're just the contractor being asked to do the job, nit the adjacent landowner? If so, much as everyone here is mucking in as usual with innovative suggetions, the simplest solution for you is to tell the customer that you are not qualified or able to determine his legal rights to have you remove the tree, that you are just a contractor and that if he instructs you to remove the tree (get this one in writing, even an email!) then you will do it. What is important is that he knows that he cannot rely on you having done any checks.

 

If he baulks at this, walk away, because he is probably trying to set you up to take the rap for something he suspects is dodgy.

 

Seems like a good simple idea. I'll go with that. Looked at the job yesterday and it's half a days work at best with 2 people so not gonna sweat over this one! Thanks all

[treefolk]

so I sent a quote this morning including the following phase in the comments:

 

"Due to the issue of unknown ownership of the land, written (email) acceptance of this quote implies that you have researched and obtained all necessary consents for us to carry out the work and that all liability is yours".

 

I think this should cover me in the event of any quibbles.

[K.T.S Tom]

Start a saw up if someone runs out telling you to stop they might own it

[daltontrees]

so I sent a quote this morning including the following phase in the comments:

 

"Due to the issue of unknown ownership of the land, written (email) acceptance of this quote implies that you have researched and obtained all necessary consents for us to carry out the work and that all liability is yours".

 

I think this should cover me in the event of any quibbles.

 

Should do, but in future it would be better still nit to acknowledfge that there is an unknown ownership issue, just say ""I have not investigated nor have I been entrusted to investigate ownership of the land, and your written (email) acceptance of this quote will imply that you have satisfied yourself that you have researched and obtained all necessary consents for us to carry out the work". Something like that anyway.

[scotspine1]

Been asked to remove a tree in an alley that is on (apparently) unowned land.

 

if it was any of these guys who asked you, walk away, just walk away mate

 

[Joe Newton]

if it was any of these guys who asked you, walk away, just walk away mate