Can I be sued for cutting down a tree in my own garden?

louise1234_2

Hi folks, I'm finding myself in a situation regarding a tree I cut down.The tree was on my land and no protection order was in place according to searches when I bought the house (3 years ago).

I suspect the situation has arisen due to the tree being situated on a piece of land that is a right of way, and thus is outside my garden fence. I've double (& triple) checked and this right of way belongs to my property.

Anyway, my garden is overlooked by a block if flats, and someone has complained claiming the block of flats own the tree. I have today received a letter from their management company stating they own the tree and they are instigating civil proceedings.:eek:

Now, how does this civil procedings work? I'm hoping they will be checking the land ownership before they do anything, but can they sue before these checks?

Also - can I double check I do have a right to cut down a tree on my property don't I? (The tree was only a 20ft willow, which was in danger of damaging my foundations).

Any opinions, advice or similar stories would be welcomed.

olibearhorse

If, as you say, the tree was on your land and there was no Tree Preservation Order on it and you are not in a conservation area, there shouldn't be any problem at all?! just make sure it is was within your boundary and check there is not protected in any way.

Good luck!

gustav

louise1234 wrote: »

I suspect the situation has arisen due to the tree being situated on a piece of land that is a right of way, and thus is outside my garden fence. I've double (& triple) checked and this right of way belongs to my property. .

Is this a right of way you exercise over somebody elses property? or is this a right of way for somebody else over your property?

RichyRich

Just because the Land Registry say it's on your land, doesn't mean that it is on your land. They have been known to make mistakes and it is quite likely that the flat management company's title deed also says that they own the land. Get a copy of their title record - downloadable off the Land Registry web site.

Are you sure that there is no TPO? If so topping or lopping the tree is a criminal offence.

If they do sue and it is your land, it will likely be thrown out of court for illegality. However - is your land leasehold? If so, who is the freeholder? Do you have any covenants against lopping or topping trees?

Be very careful. Check with a solicitor/CAB before proceeding.

Rich.

louise1234_2

Thanks for all your helpful replies - all opinions welcome as I really need to to ensure I have all avenues covered.

My land is freehold, so no issues there. I also do not live in a conservation area.

To explain the right of way more clearly - I live in an end terrace with a factory at the back. To the side of my house is a small alley, which is then bordered with the boundaries of other houses, and then a car park which the flat owners own. My deeds clearly circle my 'garden' and the alley as belonging to my property. The right of way is for back garden access for the other terraces I am joined too, none of who have an issue with the tree.

I am 90% sure their threat to sue comes from their deeds stating they own the land up to my boundary, but they are assuming my boundary is my fence, which it isn't.

I am not 100% sure there was not a TPO - My search when I bought the house stated there were no TPO's (If this is incorrect, presuming I can take this up with conveyancing solicitor?). I don't really see why the tree would be protected, was only ~10 years old and nothing special.

If they do not back down, I'll get a copy of their deeds from land registry.

Ian_W

I'm no expert Louise but I believe it's only a couple of quid to get a copy of their LR records either by downloading them or by phone or post. Personally I'd do it sooner rather than if/when they issue proceedings in view of what Richy says.
Also I would write back to them firmly but politely pointing out that the alleyway is shown on your deeds as being part of your property - NOT theirs - with a right of way noted for your neighbours to gain access to the rear of their properties. You could include a photocopy.
If the terrace is older than the flats I would think it is far more likely that the alleyway does belong to you to give the other residents rear access.

angelavdavis

Check with the LA. I had a large tree in my garden (clearly my land but still needed to check) that I wanted to chop down.

I wrote to a council department and they confirmed the case that there was no preservation order placed on it. I then kept a copy in case - if you go to court, produce this as evidence.

mrcow

It's worth checking to see if you have legal cover on your house inurance policy just in case too. It's often an optional etra, and worth every penny if you ever need it.

Blacksheep1979

You could try bluff back saying to the management company that the tree HAD damaged your foundations and that if it was there tree (you believed it was yours) that you will be seeking compensation from them. This may shut them up quick smart.

paddy's_mum

A lot of good advice given on this subject but if it was me, I would be writing a very courteous reply to the management company, asking them to provide me with evidence to substantiate their claim that the land and therefore the tree belongs to them.

You are much better off to try reason/commonsense first, as many disputes such as this one can be resolved with a little more explaining and a little less threatening to sue.

If they really want to waste their money on hasty court action, they would be wise to be very sure of their ground (forgive the pun!) before doing so and it is THAT information that you need to get hold of before you can make any kind of decision as to what to do next.

I agree with an earlier suggestion that you obtain their Land Registry documentation. If that also shows the alley as yours, no further problem. If it is unclear or shows it as their property, that's when you will be glad that you didn't go in with both barrels blazing. Softly softly till you know where you stand much more clearly than you do now.

paddy's_mum

Been thinking this over a little more. Is the alleyway a Right of Way only for the other terraced houses or do the flat dwellers also have a ROW to access their car park on foot? What do the deeds of the other terraced houses, and indeed the flats, show in relation to ownership/rights of way? To be honest, you need to know the whole picture not just what it says on your deeds.

I really do think you need to be ultra cautious here and cannot urge you strongly enough to download LR records to check that what you believe to be the case is so. LR can and do make mistakes and for want of investing a few pounds now, you may be lining yourself up to spend hundreds on a solicitor to defend yourself.

With all due respect, I think that you have perhaps already acted a bit hastily by relying on searches from three years ago to support your contention that there was no TPO in existence. You might have been wiser to investigate the current and up-to-date situation by checking with the local authority before taking a saw to the tree.

Equally, the management company seem to have been a bit hasty in sending a 'see you in court' letter unless of course, and this is the danger, they have clear evidence in their own deeds that they own the land/tree. This is why I urge you to tread carefully. Good luck with it and I hope we get to hear of a happy outcome.