Owner responsible for upkeep of land in front of house
Owner responsible for upkeep of land in front of house
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croyde

Original Poster:

25,849 posts

255 months

Friday 8th May
quotequote all
I'm looking at a small one bedroom house down on the Kent coast that comes with a garage. It's all I can afford smile

It looks lovely and if I get rid of nearly everything I own, I could fit in there.

It's in a nice area 10 minutes walk from the town and it's been on the market since November with a couple of price reductions. Now up for less than it cost a few years ago.

Just talked to the agent and it seems that everyone that views it, loves it but there's an area to the front outside the actual 'boundary' of the house extending to the pavement with a big 35ft pine tree.

Seems that whoever owns the house has to be responsible for this land even though it looks public.

Thus you'll be landed with tree surgeon costs for maintenance and cutting the grass twice a week as it's a nice area and can't look tatty.

So all the inconvenience of a garden without me being able to sit there with a glass of beer whilst drying my smalls on a line.

Is this normal?

Obviously why the place hasn't sold.



ETA

Looking at that pic I'd say that the tree is a lot taller than 35ft.

Edited by croyde on Friday 8th May 16:17

anonymous-user

79 months

Friday 8th May
quotequote all
Can’t help but I’d still buy it if the tree wasn’t under a TPO.

croyde

Original Poster:

25,849 posts

255 months

Friday 8th May
quotequote all
Badda said:
Can t help but I d still buy it if the tree wasn t under a TPO.
As in chop it down biggrin

Plus4Four#

181 posts

6 months

Friday 8th May
quotequote all
Who actually owns that land? The house up for sale?
Covenants re maintenance?
How are adjacent properties affected?
Ask the agent for evidence rather than just comments.

Bill

57,814 posts

280 months

Friday 8th May
quotequote all
If it's outside the boundary what's the compulsion to maintain it, and if it isn't (or even if it is) why can't you sit there with a beer. Either it's the front garden or it's not...

And why would that tree need a tree surgeon??

Ste-EVo

554 posts

176 months

Friday 8th May
quotequote all
[quote=Plus4Four#]Who actually owns that land? The house up for sale?
Covenants re maintenance?
How are adjacent properties affected?
Ask the agent for evidence rather than just comments.
[/quote]

Exactly this.

Things like this, I always find intriguing so looking forward to knowing the outcome.

No TPO?!?! Chop it down would be my idea, but guessing there isn't a reason others haven't followed that idea.

croyde

Original Poster:

25,849 posts

255 months

Friday 8th May
quotequote all
It has got a TPO. So planning needed even for just maintenance. I just checked with the local council.

At the mo' this is all from talking to the girl in the office. I've asked her to contact the seller for more info.

Maybe, as the owner, one can put a fence up so it's truly a garden biggrin

Simpo Two

91,948 posts

290 months

Friday 8th May
quotequote all
croyde said:
It has got a TPO. So planning needed even for just maintenance. I just checked with the local council.
The next question is 'Where does it say you're responsible for it'?

Even if you are, which seems unlikely because you wouldn't own it, it's just a tree. It's also a very nice tree.

Ste-EVo

554 posts

176 months

Friday 8th May
quotequote all
Sounds like a load of agro, especially if it has a TPO.

If its not easily sorted I think id walk away, unless you REALLY want the property.

Its a very strange set up tho.

Is the house youre looking at one of those in the picture? Just trying to gauge where it is in comparison to the house.

Maybe ask the current owner if you can see the deeds showing the property boundaries. Or knock on potential neighbours for their views?

croyde

Original Poster:

25,849 posts

255 months

Friday 8th May
quotequote all
It's 80 miles away from me but I might pop down next week if I get a list of other places to see.

The house is to the right of the tree.

andyxxx

1,391 posts

252 months

Friday 8th May
quotequote all
If I wanted the house I would happily spend 20 mins cutting the grass every couple of weeks – even if not enforced.

The tree is no big deal and may not even be there in a few years.
Put a low bid in – say £10k less which will cover your costs of tree maintenance for the next 20 years?

AW10

4,650 posts

274 months

Friday 8th May
quotequote all
Strikes me as worth spending a few quid to get the land registry docs to confirm the facts.

snuffy

12,712 posts

309 months

Friday 8th May
quotequote all
The estate agent's listing says the "The bank to the front belongs to the property".


Simpo Two

91,948 posts

290 months

Friday 8th May
quotequote all
snuffy said:
The estate agent's listing says the "The bank to the front belongs to the property".
How did you find that?

I'd still want proof, not something an EA says.

croyde

Original Poster:

25,849 posts

255 months

Friday 8th May
quotequote all
Good detective work biggrin

I certainly can't buy it now, everyone will know where I live.

snuffy

12,712 posts

309 months

Friday 8th May
quotequote all
croyde said:
Good detective work biggrin

I certainly can't buy it now, everyone will know where I live.
If I post the address, we could all come around for a party! thumbup

We could have a tree warming party - bring a mower!


The Redcoat

3,923 posts

189 months

Saturday 9th May
quotequote all
AW10 said:
Strikes me as worth spending a few quid to get the land registry docs to confirm the facts.
I would definitely be doing this op. The EA description seems fairly vague, although it could mean just the part of the bank that slopes up from the house towards the shared driveway and garage area.


The location looks good - an easy walk to the store to taste the different products. wink

blueg33

45,482 posts

249 months

Saturday 9th May
quotequote all
Op needs to see the title/transfer for obligations and the title plan. Even better the original transfer plan.

croyde

Original Poster:

25,849 posts

255 months

Saturday 9th May
quotequote all


The above is taken from the Folkestone and Hythe map of TPOs.

You can see the 2 trees within the house's boundary.

The dotted boundary lines are where there are no physical signs of separation ie fences, hedges, walls etc.

I'm really intrigued by this as it would appear that in order to own the house you have to maintain what looks like a landscaped public area and keep it in a condition that matches the rest of the neighborhood.

I very much doubt that I'll bother with going to look at it, especially as you lot know exactly where it is hehe but more the fact that I'm buying a place so that my kids have something when I die, I don't want to land them something that is obviously difficult to sell.

An odd one as it really appeals to people much older than me who are put off with having so much to maintain when the house itself has a front yard just big enough for the wheelie bins.

Edited by croyde on Saturday 9th May 07:51

Promised Land

5,323 posts

234 months

Saturday 9th May
quotequote all
This is obviously a big selling point in the area as it’s highlighted as a bullet point.

‘Only a 10 minute walk from a Sainsburys supermarket’.