Milli0973

Ill answer this point as most of your others have been looked at in one way or another.

 

In simple terms, ownership is proportionate to the percentage within each boundary. In your example, the ownership would be 90:10, so if remedial work was required, the bill would be split proportionately the same. Trees are considered as land in terms of property and ownership, so the owner of the soil around the trees roots is also the owner of the tree - this is how the proportional ownership is decided, however you must consider the following 2 points:

 

- 1. Although the tree/hedgerow lies in its current position, and you could assume that the mid-point of this is the boundary, however, this may not be the case.

 

- 2. You *must* refer to the deeds to the property to confirm the lie of the boundary as indicated by the planning records. Only this will confirm the exact proportion of ownership in this case.

Hi 10 Bears,

If the tree 90/10% then does Mr 90% have the right to fell the tree, similarly (and I am exagerating to proof a point) it the tree is 51/49% with no queries as to the correct boundary position status then does Mr 51% have the right to fell the tree.

Hi, I am new but have read info on here prior to joining!!

I am looking at constructing a bungalow on a piece of land where there is an oak in the boundary hedge.

There is no TPO

In simple terms the RPA has the formula of trunk diameter at 1.5m x 12m = the RPA, I believe.

Can a building (bungalow or garage) be constructed within the RPA subject to a suitable design solution, for example raft foundation?

As regards felling the tree, without TPO, located on the boundary line in the hedge (obviously with limbs/branches hanging over both sides) who can decide?

Is the ownership 50/50 regardless of the trunk being 90% mine and 10% adjoining landowner.

Look forward to your feedback.