Is this usual - restriction on 'lopping' trees?

suebfg

I'm looking to buy a modern house and there is a restriction in the deeds from when the land was sold to the developers regarding lopping trees/bushes i.e. you have to gain the prior consent of the transferor before lopping trees.

Do you think this will mean the trees/bushes that were on the land at the time of the transfer rather than what has been planted since then?

Is this anything to be concerned about? There are some mature trees to the rear of the property and some bushes/hedges planted since the houses were built.

On a practical level, I'm not sure whether the transferor even still exists as the deeds were from the 1950s.

suebfg

shameless bump - any advice?

Mojisola

There's people on here - https://www.gardenlaw.co.uk - who will know the answer.

caeler

On a 2009 property I nearly bought there was something similar about the trees but this appeared to be more about retaining the planning consent as approved by the local authority and not being allowed to change anything.

82much

The 'transferor' who retains the covenants will almost certainly exist. Our place was built in early 60's and the builder no longer exists but the covenants were passed to another company. They charge a nice little bonus for allowing permissions to be given!

G_M

suebfg wrote: »

Do you think this will mean the trees/bushes that were on the land at the time of the transfer rather than what has been planted since then?

Is this anything to be concerned about? There are some mature trees to the rear of the property and some bushes/hedges planted since the houses were built.

On a practical level, I'm not sure whether the transferor even still exists as the deeds were from the 1950s.

Without seeing the precise wording of the restriction how on earth do you expect anyone to give a precise answer?

Are you useing a solicitor or doing the conveyancing yourself? If the former, ask - that's what you are paying for! if the latter, don't - you are clearly out of your depth.

Be concerned? Depends on the answer above, and whether you want/will want to lop.

Transferor - see post above.

poppysarah

If they need cutting then get them cut.

If you don't shout about it to everyone you can get someone in and get trees cut down even with a TPO on.
http://www.tameside.gov.uk/trees/faqs

Don't do it during the nesting season though.

tbs624

poppysarah wrote: »

If they need cutting then get them cut.

If you don't shout about it to everyone you can get someone in and get trees cut down even with a TPO on.
http://www.tameside.gov.uk/trees/faqs

Don't do it during the nesting season though.

poppysarah - that is such poor "advice" on TPOs

There is a max fine of £20 grand for people failing to seek proper consent before dealing with a tree which is subject to a TPO.

see here

In the OP's case, s/he needs to clarify the issue with his/her conveyancer - as G_M says, this is what you pay for. It is likely that the specific trees on the plot at the time the covenant was put in place may be highlighted in more detail.

OP- aside from the covenant, have you checked whether there is also a TPO applicable to any of these trees?

poppysarah

tbs624 wrote: »

poppysarah - that is such poor "advice" on TPOs

There is a max fine of £20 grand for people failing to seek proper consent before dealing with a tree which is subject to a TPO.

see here

In the OP's case, s/he needs to clarify the issue with his/her conveyancer - as G_M says, this is what you pay for. It is likely that the specific trees on the plot at the time the covenant was put in place may be highlighted in more detail.

OP- aside from the covenant, have you checked whether there is also a TPO applicable to any of these trees?

If the trees are impacting on buildings then they need trimming back.
A TPO can't possibly overrule the right to not have your house damaged by trees.
Would a council refuse permission to trim trees? Maybe. Maybe not.

If the OP hasn't bought the house then they have lots of opportunity to check the trees out - but doing so would bring attention to the trees.

So, you TO's out there, you had better be psychic and go and do an inspection and take photos the day before someone fells a tree without consent in future!
http://www.tree-care.info/uktc/archive/2002/msg04198


I was more pointing out that people do it - and I dn't imagine council tree officers spend all day going round checking trees. They'll respond to complaints and normally they're after the fact rather than getting there in time to save trees.
We had a huge area of trees cut down near us - devasting a view for people and the council couldn't do anything about it. Even if they could the tree officer worked one day a week so wasn't in until 5 days after the event. Which I suspect the person who cut them down knew.

G_M

None of which alters the fact that if the OP (or anyone else) lops down a protected tree, or a tree protected by a restriction in a Title, he risks being fined/ordered to re-instate/pay damages after the event is someone (neighbour?) notices/complains.

Hence the OP is right to look into the matter before buying.

tbs624

poppysarah wrote: »

If the trees are impacting on buildings then they need trimming back.
A TPO can't possibly overrule the right to not have your house damaged by trees...

Which is why it it possible to apply to the Council for appropriate consent.

poppysarah wrote: »

I was more pointing out that people do it -

people do all sorts of things which lay them open to prosecution and/or a civil court action. The majority of people would presumably prefer to deal with such things in the right way.

Some more example cases on the costs of ignoring TPOs:

http://www.chesterfield.gov.uk/default.aspx?CATID=121&CID=7199

http://www.thefreelibrary.com/Man+fined+over+work+on+tree%3B+CANNOCK.-a0169762636

http://www.ewebmagazine.co.uk/index.php?option=com_content&view=article&id=576:company-fined-for-destroying-protected-tree&catid=928:rogue-tree-surgeons&Itemid=355

http://www.wycombe.gov.uk/news/press-release/20oct10-company-fined-5000-plus-full-costs-for-unauthorised-tree-felling.aspx

http://www.facebook.com/note.php?note_id=387561211432

not a TPO but trees were in a Conservation Area
http://www.towerhamlets.gov.uk/news__events/news/november/man_fined_for_felling_trees.aspx