Seller cut down listed tree - risk to property?

glasgowdan

That's not a tree, THIS is a tree!

AdrianC

Freecall wrote: »

Really!

With a TPO?

Sounds more like a large bush than a tree.

Even makes me wonder if it's actually dead-dead, or just had a hard prune.

Give it a year or three, and it'll be back in full glory.

Do you know what species it is/was, OP?

<waits for response... Japanese Knotweed...>

Freecall

If it was kept in a pot, it would be ideal to bring indoors at Christmas time.

:rotfl:

brazillondon

My bad! having dug out an old photo on Google Maps, the tree is more 12-14ft.
Nonetheless, it's by no means a large tree.

Unfortunately, this may just cause the purchase to fall through. It turns out the council are aware of the tree having been cut down, and are currently prosecuting the seller. Given the potential for a maximum fine of £20,000, or even it heading to the crown court for a potentially uncapped fine - it's left me a little flat as I'm not wanting to accept such a risk - and the vendor is not happy to provide a retention to cover up to the maximum fine. It seems the council could take months to come to a decision on the matter. I've been informed that should we proceed to exchange on the property, we would inherit the problem and thus be held liable for the fine.

Now I have no idea what is deemed a 'serious case' and I'd like to think that a relatively small tree would not bring about such a high fine - but at the same time I don't feel comfortable taking on the risk. I'm hoping I'll be able to reach out to the council and get more information.

All this aside, why would a new buyer of a property be liable for fines brought about by a previous owner chopping down a tree?! Especially considering the fact that I would not have even known about the issue has a neighbour not mentioned it to me. Sad times.

AdrianC

brazillondon wrote: »

It turns out the council are aware of the tree having been cut down, and are currently prosecuting the seller. Given the potential for a maximum fine of £20,000, or even it heading to the crown court for a potentially uncapped fine - it's left me a little flat as I'm not wanting to accept such a risk - and the vendor is not happy to provide a retention to cover up to the maximum fine.

But that pre-existing prosecution means that it's legally documented that the cutting-down predates your purchase, so there is no way on the face of this planet that anybody is ever going to prosecute you for it. In the event they tried, that prosecution would fall apart in seconds flat.

There is absolutely zero chance of anything ever coming back to you on it.

In addition, an indemnity is utterly pointless anyway, since the enforcement authorities are already aware of the issue.

I've been informed that should we proceed to exchange on the property, we would inherit the problem and thus be held liable for the fine.

Who informed you of that? They're an idiot - or utterly unaware of how far it's all progressed...

All this aside, why would a new buyer of a property be liable for fines brought about by a previous owner chopping down a tree?! Especially considering the fact that I would not have even known about the issue has a neighbour not mentioned it to me. Sad times.

No, simply misinformation and misunderstanding.

Sagz_2

It's an odd law that holds the owner of a property responsible and not the individual who carried out the act.

Davesnave

Thinking back to the various obstacles and legal trip-wires I encountered when I last purchased, I've concluded you're either extremely risk-averse or not entirely happy with this purchase.

sheramber

A few years ago one of our neighbours employed a local company to cut down several trees that had TPO on them.

The council prosecuted the firm who claimed they did not know there was a TPO.. They were given a warning that they needed to check for TPO but no fine.

The property owner was not prosecuted.

silvercar

Given that the council are aware, there is no harm in you have a discussion with the council about likely repercussions.

AnotherJoe

Getting back to the original question there's no possibility of ground heave from a 12ft tall tree it's far too small. What's it going to have perhaps a one foot diameter trunk?Heave is from really big trees.

However, I also find it difficult to believe that a tree 12ft high had a TPO on it unless it was part of a blanket coverage