Tree preservation order - Tree has been cut down by previous owner

doolallygal

Hi All,

Hope someone with a bit of knowledge can help...

We are due to exchange on our new house today, however we have been waiting for the sellers solicitor to give us the tpo (tree preservation order) information.

We have just found out that there is a tree that has a tpo on it and it has been cut down and if we went through with the sale we would be liable for a fine up to £20,000.:eek:

Although looking at plans it looks like the tree was already cut down prior to the seller buying the house in 2007 (if that makes sense)

Really don't know what to do, whether to go ahead with buying the house or not???

We really love th house, but can no way afford £20'000 of fines.

Where do we stand with this????
Do the tpo's have a time limit on them?

Please if anyone has any information if you can let me know, I am so upset and frustrated I just don't know what to do.

I am waiting to hear back from my solicitors.

And freaking out!!!:eek:

Thanks in advance

chou-chou

I believe TPOs are managed by the Local Council planning department so you could give them a call and ask the question?

Tancred

I doubt if anyone gives a toss about the tree. When was this preservation order issued, and by whom? If it was over 20 years ago I very much doubt that anyone has even noticed. If it was the person before the seller then surely something would have happened by now.

Just get on with the purchase. Also, your solicitor should offer you some kind of indemnity insurance to protect you from any claims - which would seem very remote anyway. These insurances are pretty cheap - less than £100.

jbainbridge

chou-chou wrote: »

I believe TPOs are managed by the Local Council planning department so you could give them a call and ask the question?

Indeed ring up and talk it through with them!

Mojisola

I would talk to the council. Surely only the person who cut the tree down can be fined - not the land owner?

highguyuk

Only a brief answer, but I wouldn't want to be exchanging on a property with a potential issue like this outstanding.

Tancred

jbainbridge wrote: »

Indeed ring up and talk it through with them!

I wouldn't do that before consulting with the solicitor!
By alerting them to the issue you could cause them to come round and fine the seller! :eek:

Always discuss with your solicitor first!!

moneyistooshorttomention

Mojisola wrote: »

I would talk to the council. Surely only the person who cut the tree down can be fined - not the land owner?

My thoughts - only keep the conversation anonymous (not giving your name/the address) as otherwise it would appear you might be stuck for claiming on indemnity insurance.

Personally, I'd make that anonymous general query phonecall and take out indemnity insurance and go ahead with getting the house.

Tancred

moneyistooshorttomention wrote: »

My thoughts - only keep the conversation anonymous (not giving your name/the address) as otherwise it would appear you might be stuck for claiming on indemnity insurance.

Personally, I'd make that anonymous general query phonecall and take out indemnity insurance and go ahead with getting the house.

I agree with this advice.

doolallygal

Hi All,

Thank you for all comments.

Mojisola - Apparently it is the land owner who can get fined!

Thank you for the info about indenmnity insurance - that has really helped, I didn't realise about that.

I am waiting to hear back from my solicitors so am talking everything through with them - but whilst freaking out was hoping for info on here - so thank you everyone who has taken the time to reply, it really is very much appreciated.:)

Doolallygal

martinsurrey

chou-chou wrote: »

I believe TPOs are managed by the Local Council planning department so you could give them a call and ask the question?

Do this and the purchase will fall through (or at least not exchange today).

Indemnity insurance, will not be available (as the council has been made aware) and the solicitor will have to tell the mortgage company leading to delays.

Also, TPO's are monitored by the beards in the environment department of the council (most councils have an Arboricultural Officer, see the 2 councils below), and they couldn’t care less about time limits, costs, only about trees.

http://www.sstaffs.gov.uk/default.aspx?page=12682
http://www.surreyheath.gov.uk/planning/treepreservationorders/default.htm

I walked away from a few houses due to TPO’s as they are more trouble than I need. TPO’s are fine if you have a 300ft garden, but TPO’s in suburbia, 10m from the back door are a PITA)