Buying a house with TPO !!

sam1970

We are getting closer to exchange of contracts but the searches report now showed that there is a tree preservation order which was served 25 years ago. This was before my vendor have bought the house. In the property information form he answered (No) to the question whether there is TPO so I would like to think he did not know about it !!. The search report does not tell me which tree is affected by the order and I am concerned that some one might have cut that tree in the past and I will be held responsible for that in the future. I am thinking of asking the council but that will invalidate any indemnity policy I might buy for this issue !!. How can find if my vendor really did not know about it or he was lying? did he lie about other things?...Advice please

stokesley

I can't tell you if he was lying or not; however, I have a tree with a TPO on it. When we bought the house, there was so much paperwork covering the TPO that the wretched thing has its own file.:D

booksurr

sam1970 wrote: »

I am thinking of asking the council but that will invalidate any indemnity policy

reality check - ask council now before you buy. Find out which tree it is, establish if tree still present, if not inform council so you are cleared before you buy

stop wasting time about indemnity policies. Either the tree still exists or it doesn't. If it still exists then an indemnity policy will not protect you if you cut it down.

davidmcn

Sellers often don't have a clue about TPOs, conservation areas, listed buildings, what's got planning permission etc etc. They might have a hazy recollection from whenever they bought. I would give them the benefit of the doubt.

As for whether there is previous unconsented work - do you think there is?

camptownraces

sam1970 - if searches revealed that a TPO exists, you've probably got the reference number and your solicitor can ask the council for a copy of the order. This will give all the details. Quite possibly the order covers all the trees in all the gardens in a defined area.

As booksurr says, there is no point in getting an indemnity policy. Fines can be up to £20,000 for unlawful tree work, but councils will consent to applications for proper management of such trees.

TrickyDicky101

When we sold our last house in 2011 the buyers' solicitor queried the TPO they had unearthed and what tree it applied to. This came as news to us because the TPO had not come to light when we bought in 2005 (and, in fact, there were no trees on the property when we bought!) So it is entirely possible the vendor knows nothing about the TPO.

Zaksmummy

Speak to the tree specialist at your local council office, they will be able to let you know. The house that we are buying had a tree which was overpowering the garden, the vendor was adamant it had a tpo on it, the searches came back with trees in area had tpo's but not specific to the one in the garden. After some calls to the council by myself and my solicitor it turned out that the tree wasn't protected (I even had her look on right move photos as tree mentioned was an oak).

I am going to get the letter from the council framed when we move in lol, just in case. :T

chris_m

stokesley wrote: »

I can't tell you if he was lying or not; however, I have a tree with a TPO on it. When we bought the house, there was so much paperwork covering the TPO that the wretched thing has its own file.:D

A trees-worth of paper, perchance?
:rotfl:

DaftyDuck

Depending on the Council, there may be no need to talk to anyone, and invalidate any indemnity. Most Councils have maps of TPOs online.

sam1970

TrickyDicky101 wrote: »

When we sold our last house in 2011 the buyers' solicitor queried the TPO they had unearthed and what tree it applied to. This came as news to us because the TPO had not come to light when we bought in 2005 (and, in fact, there were no trees on the property when we bought!) So it is entirely possible the vendor knows nothing about the TPO.

So the tree with TPO was removed before you moved in...How can you be confident that the council will not fine you, if they find out? How can you prove it was removed before you moved in?

davidmcn

sam1970 wrote: »

How can you prove it was removed before you moved in?

You don't need to. The prosecution needs to prove that you removed it.