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

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  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    ... and the legislation itself points to the person involved, not a subsequent landowner who isn't or wasn't -

    "Effect

    3.(2) Without prejudice to subsection (7) of section 198 (power to make tree preservation orders) or subsection (1)
    of section 200 (tree preservation orders: Forestry Commissioners) and, subject to the exceptions in regulation 14,
    no person shall—

    (a)cut down, top, lop, uproot, wilfully damage, or wilfully destroy; or

    (b)cause or permit the cutting down, topping, lopping, wilful damage or wilful destruction of,

    any tree specified in the Schedule to this Order except with the written consent of the authority
    in accordance with regulations 16 and 17, or of the Secretary of State in accordance with regulation 23,
    and, where such consent is given subject to conditions, in accordance with those conditions."


    http://www.legislation.gov.uk/uksi/2012/605/schedule/made
  • Slinky
    Slinky Posts: 11,008 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    We bought a house from somebody who bought a bungalow as a probate sale. Late on in the day they found out there was a TPO on a tree no longer in the garden, the deceased had probably cut it down. We ended up being delayed by about 3-4 weeks whilst the solicitors got the TPO removed, so it can be done.
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