TPOs - URGENT ADVICE NEEDED

drowningnotwaving_2

Hi, wonder if anyone can give me some advice on tree preservation orders as we've just been royally stitched up by our vendor's EA or the vendor himself.

Cut a long story short, we sold our house before Xmas and chain behind us is due to complete on 16th March. We were struggling to find anything we liked in the area we're looking in as prices are steep, demand is high and supply almost non-existent. However, we stumbled on this lovely house a couple of weeks ago - went on the market Thursday, 5 viewings Fri morning and 5 offers, ours was accepted cos we could complete the fastest.

The only small sticking point with the house was 3 huge oak trees in the back garden. They're far enough away to not be causing any structural damage to the house but they do totally overshadow the garden and we were thinking we'd chop at least one or two of them down just to let a bit more light in. "Don't worry", the EA said, "the vendor assures me there are no TPOs on the trees".

Ok, call me naive (or desperate) but I figured no vendor/EA would be sooo brazen that they would lie so blatantly. I mean, why mention it at all? We hadn't!

But the solicitor's papers all turn up today and guess what - the trees all have TPOs on them!

So what to do? My first instinct is to find out which one lied and rip his head off and shove it where . . . you get the picture. But what do we do about the purchase? How easy are TPOs to get turned over? How expensive is this? If we can't get them turned over and have to live with the trees, how easy will it be to sell the house? I know it sold super-quick this time but it's a sellers' market, what about in a buyers' market. Would it put people off?

We're absolutely gutted. This is such a lovely house, but we're so worried that the EA/vendor is now keeping other stuff from us.

Please help.

Doozergirl

Why would you even want to get a TPO overturned? You face a potential fine of £1000s if you take them down or even carry out 'work' without permission.

Those trees have been stood for many generations and will likely outlive you also. It's a bit selfish to want to take it down to get light to your garden of all places, not even your house

Apparantly, a TPO may not be enforcable if the tree cannot be seen or accessed from a publice place, but still, some people like trees! I'm a bit shocked! I think you should buy a different house and let someone else enjoy the oak trees

drowningnotwaving_2

Hmm, interesting response.

No, I'm not being selfish. No one else can "enjoy" these trees, the area we are hoping to move to is full of trees, and is beautiful because of it. It is hard to describe how these trees dominate the garden completely - three huge oak trees planted in the middle of the garden. We have looked at google earth and during the summer you cannot see the lawn for the covering from the trees.

I know I face a fine if I carry out work without permission which is why I would need to have the TPO removed. It is ridiculous to suggest that just because those trees have been there for years they shouldn't be removed - the whole area was a forest before it was razed to the ground to make way for houses. I'm not saying this is right, but I can bet most of you live in houses that used to be countryside/forest, so don't be too quick to judge.

Bottom line is, I need to think about re-sale value and it has clearly put a lot of people off the house. Everyone likes to have a garden to enjoy and they add hugely to the value of a house - there is no point in paying for a garden that we can't use, and others are going to feel the same. That is clearly why the vendor has chosen to lie about the property.

Has anyone got any useful advice on TPOs?

Thanks.

space_rider

I rented a house with a big oak tree in it. It is a 2 year old house and I am guessing that it may have a TPO. It wasn`t apparant until the leaves fell off how much lighter it was without them. But saying that it does give the garden alot of character but it does block alot of light. When I moved in I painted the living room an off white colour to make the room seem lighter. If you really love the house, maybe you will get used to them.

Lil2002

I just googled, and found this page http://www.naturenet.net/trees/tpo.htm

And I thought this part might be relevant?

"Which trees can be protected?
Although it is possible to make TPOs on any trees, in practice they are most commonly used in urban and semi-urban settings, for example gardens and parkland. A TPO is to protect trees for the public's enjoyment. It is made for the 'amenity' of the tree or woodland, and this can include its nature conservation value but more often means its visual amenity. However, it does mean that if a tree is not visible or accessible from a public place - even slightly- a TPO cannot usually be enforced."

anotherbigspender

You can get a local authority to review at TPO at anytime by making an application to fell the tree. However, you should be aware that they would need a good deal of convincing to remove the TPO. Generally you need to demonstrate one of the 3 Ds - Dead, Dying or Dangerous. If its a good healthy tree (or trees in the case of a blanket TPO) then you will struggle.

The trees will more than likely have been TPOd because they contribute to the character of the area.

You could apply to 'prune' the tree which the Council may allow if it doesn't harm the tree or reduce its quality, but you'd need professional advice from an aboritcultural consultant and you'd need to get a tree surgeon to do the work - its not the sort of thing to can do with a chainsaw you've rented for the weekend.

Having seen your reply to Doozergirl's post I'd walk away and find another house ... this one 'aint for you.

Beanietdc

I used to work in a planning department for a local council and my advice would be to phone your local planning department and ask to speak to the tree officer. They really are very helpful - it was always amazing how many people would avoid phoning and asking questions because they thought that it was "too official".

The tree officer (great job title!) would be only too happy to tell you what the situation is in reference to this particular house and what the chances are of getting the TPO removed or permission to "prune" it. Phone them and have a chat and you will be properly equipped to make an informed decision about this purchase.

Hope this helps.

drowningnotwaving_2

Thank you so much for all those very helpful replies. We will certainly contact the tree officer.

It's such a shame cos the house is lovely and the trees are really beautiful - and if he'd been honest about the TPO then we probably would have proceeded with the purchase, but the fact that he lied makes me very very worried. Why would he risk lying? What is he hiding?

Thanks again. I'll let you know what the tree officer says!

Doozergirl

The village I lived in until last year is named for a huge forest, of which nothing remains. The biggest oak tree I have ever seen which was about 100m from my back garden. It sat solitary in a field and, by the sheer size of it, must have been part of the forest and predated the 400 year old house I lived in, which, no doubt was built using timber from the forest. I can't tell you just how awesome that tree was

The fact that the forest was razed to the ground to build that village is *exactly* the reason that I would implore you to find a house somewhere else. There will be plenty of peolpe out there willing to take them on and respect them.

I'm glad the house you talk about is in a beautiful area with lots of trees. Don't you owe it to that area to keep it the way it is? Would it really not be selfish if everyone were to cut those down for a bit of light?

I'm not sure why you would have continued with the purchase if he hadn't lied? Was it because the trees aren't that bad or that you would have just taken them down?

Beanietdc

Of course it is always possible that the people selling the house aren't aware of the TPO... if their solicitor didn't pick it up when they bought it they may never have known and acted in good faith when they told you there was no TPO in place.

I went and looked at a house that I was told had a TPO in the back garden but when I checked with the council it turned out they were wrong... always worth checking!

david29dpo

the agent lied to you, i would be more livid with the agent than the trees. if it was me, and spent money on the purchase and wished to pull out, i would be looking at compo from the agent.