Discussion
Can anyone advise how could we prove that the tree in next doors garden belong to them? Yes - house next door is a council property - after we have politely asked the council to sort out a problematic tree which will shortly cause our garden wall to colapse we have been informed it's in fact our tree! The surveyour established that we must have build our wall on the wrong side of the tree to avoid responsibility for it - yet as far as we know the wall was there for last 20 or 30 years and runs in straigh line as shown on land registry. Are there maps showing trees? Coul we find drawing with exact measurments so that we can prove that the wall is were it suposed to be?
Thanks in advance
Thanks in advance
Wacky Racer said:
If it's your tree go round and cut it down 
(Unless it's a listed tree)
Could do but who will tidy up? Or should I just leave it to the council - their cut their hedges from time to time after all...what's one fallen tree between 'friends'...(Unless it's a listed tree)
Going by that logic shall I just move the wall about 1,5 in to the neighbouring garden?
Friend of mine had a similar issue. He has an ex council house. A tree came down at the end of the garden and the neighbours all said it was his tree.
His deeds contained measurements of the plot which showed it wasn't his tree. It may be worth getting a copy of the council house deeds, fairly cheap and can be done on line.
His deeds contained measurements of the plot which showed it wasn't his tree. It may be worth getting a copy of the council house deeds, fairly cheap and can be done on line.
C Lee Farquar said:
Friend of mine had a similar issue. He has an ex council house. A tree came down at the end of the garden and the neighbours all said it was his tree.
His deeds contained measurements of the plot which showed it wasn't his tree. It may be worth getting a copy of the council house deeds, fairly cheap and can be done on line.
Where do I start? What info would I need to request the deeds?His deeds contained measurements of the plot which showed it wasn't his tree. It may be worth getting a copy of the council house deeds, fairly cheap and can be done on line.
But once the tree's cut down and the soil replaced and the grass all nicely grown, it'll all look normal. So when the council or the neighbour come round and say "oi, you've moved your fence onto our land, get it orf" you won't have a leg to stand on. At the very least take loads of photos before you cut it down. And keep a copy of the letter from the council telling you it's your tree and land.
ColinM50 said:
But once the tree's cut down and the soil replaced and the grass all nicely grown, it'll all look normal. So when the council or the neighbour come round and say "oi, you've moved your fence onto our land, get it orf" you won't have a leg to stand on. At the very least take loads of photos before you cut it down. And keep a copy of the letter from the council telling you it's your tree and land.
I took 'have it in writing' to mean that you'd get confirmation from the council and then see your solicitor and have the land registry records altered to reflect the consensus. Then chop the tree down and move the wall.I work in social housing- but we own some 22,000 ex council homes. At my desk right now I can pull up plans for any property in the city with all the boundary, tree, gas, water mapping, ownership on it.
ditto yr council can too- you just need to contact the housing dept and see a copy of the plans. Issues can occur if things are not mapped properly- good example is shared paths between houses.
I don't work for a council, but typically councils these days look to spend as little as they can- so lots of money NOT felling trees, is an obvious money saver.
ditto yr council can too- you just need to contact the housing dept and see a copy of the plans. Issues can occur if things are not mapped properly- good example is shared paths between houses.
I don't work for a council, but typically councils these days look to spend as little as they can- so lots of money NOT felling trees, is an obvious money saver.
austinsmirk said:
I work in social housing- but we own some 22,000 ex council homes. At my desk right now I can pull up plans for any property in the city with all the boundary, tree, gas, water mapping, ownership on it.
ditto yr council can too- you just need to contact the housing dept and see a copy of the plans. Issues can occur if things are not mapped properly- good example is shared paths between houses.
I don't work for a council, but typically councils these days look to spend as little as they can- so lots of money NOT felling trees, is an obvious money saver.
I worked for a council and you'd be amazed at how many of their staff cannot read a map or plan. People 'phone 'the council' and take the first answer they're given as gospel, not taking into account that the person on the other end of the phone has a good chance of being a complete idiot. We are surrounded by them in everyday life, why don't people expect to find them on the end of a phone?ditto yr council can too- you just need to contact the housing dept and see a copy of the plans. Issues can occur if things are not mapped properly- good example is shared paths between houses.
I don't work for a council, but typically councils these days look to spend as little as they can- so lots of money NOT felling trees, is an obvious money saver.
I was in charge of changing an ancient map room full of plans and drawings going back for decades, into a modern GIS based mapping system. Before I started on this project, any enquiries with regard to land ownership were passed to our legal department who would send a clerk down into the vaults to retrieve the appropriate plan which would then be passed onto a technical officer to interpret the plan and give an answer to the query, sometimes in liaison with a lawyer. The process sometimes took weeks.
After I had finished the changeover, any member of staff with access to a computer could enter the GIS database and get direct access to the information, so in theory, any land ownership enquiry could be answered immediately by the 'customer service operator' who answered the phone or read the email for the enquiry.
In real life, very few of the 'customer service operators' had any clue as to how to read a plan and after a year or so of handing out bad information and advice, we developed a 'new' procedure of the customer service staff passing all enquiries to the legal department who would liaise with a technical officer to interpret the plans and give an answer. However, because we had 'streamlined' the process, we had reduced the number of technical officers available to interpret the plans, the process then could take months.
OP, I'd take any answer given over the phone with a pinch of salt(especially as you've got a fair idea already that the answer they've given is wrong) and make a proper formal enquiry as to the land ownership. It may take a bit of time but you should either get them to take responsibility for the tree or be handed a bit of free land.
sickrabbit said:
Can anyone advise how could we prove that the tree in next doors garden belong to them? Yes - house next door is a council property - after we have politely asked the council to sort out a problematic tree which will shortly cause our garden wall to colapse we have been informed it's in fact our tree! The surveyour established that we must have build our wall on the wrong side of the tree to avoid responsibility for it - yet as far as we know the wall was there for last 20 or 30 years and runs in straigh line as shown on land registry. Are there maps showing trees? Coul we find drawing with exact measurments so that we can prove that the wall is were it suposed to be?
Thanks in advance
have you got legal cover under your house hold policy ? - if so, give it to them or phone their helpline (Thanks in advance
)and ask.if not send your surveyors report to the "council" probably housing association legal department and ask for a response.
Map for trees - you could check the council tpo register but if the site is ex-council probably not protected as they are deemed to be a competent tree owner therefore do not need to protect their own trees
you could always repair the wall and allow for tree's future growth thus keeping both
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