Seller cut down listed tree - risk to property?

AnotherJoe

What Freecall said, or look at it another way, there's nothing special about breaking the law just because it was a tree. So if the previous owner had broken the law by murdering his wife and burying her in the garden, would you expect to be prosecuted for that? This ought to give you more concerns about the competency of your current solicitor, if they are saying you are liable, than any issue to do with the tree.

Hoploz

I would ask the council who they would pursue. They are prosecuting the current owner ... Will they continue this against them, or the new owner.

If they are the ones prosecuting they should be able to advise where it would go. I can't see why they wouldn't pursue the person who did it, just because they move house.

phoebe1989seb

Davesnave wrote: »

Back in the days when I lived in a conservation area, the salient measure was a trunk girth of just 10cm.

This did not apply to fruit trees, however, probably because they are subject to very regular pruning work.

Similar here - although our Conservation Area info states that work to any tree requires prior agreement from the council

That didn't stop our nearest neighbour - who like us has a house both in the Conservation Area and with an Article 4 direction - removing all the trees in the garden before he'd even exchanged on the purchase :eek:

The council were made aware - not by us - and have chosen to do nothing.

brazillondon

Appreciate the responses all. Have spoken to the tree officer of the borough this morning - it appears that we will not suddenly be held accountable for the tree being removed. That said, it's seems likely that the tree will need replacing.

This raises two issues: first being the cost of the new tree and work to have it planted etc - but also it's a pain as the tree appears to have previously hindered the use of the driveway for two cars. I'd very much prefer the tree to not be replaced, although I can't see it being a deal breaker for us.

Either way, all is on hold till I hear back from the council - hopefully soon - on confirmation on the above, and hopefully some more information of what the costs would be.

Would never have thought a small tree could hold things up in this manner...

Davesnave

brazillondon wrote: »

Would never have thought a small tree could hold things up in this manner...

Don't blame the tree; it's only you and your solicitor who are holding things up.... Instead of being reactive, why not gain some control over the situation?

The cost of the tree need not be > £100, although you could treble that by asking someone else to plant something too old, which won't establish as reliably as a young tree.

If it were me, I'd resist planting like-for-like unless the council insisted and/or could show that the tree in question had special merit.

There are plenty of upright, (fastigiate) cultivars that won't impede the drive, or small trees which will grow relatively slowly and look good. If I could choose, then I wouldn't mind paying to achieve something I could live with and maintain easily.

Now is the wrong time to plant anything. The tree shouldn't go in until November at the earliest, when bare root trees come on sale. Plenty of time to do research and negotiate with the tree officer.

Slinky

You say the tree hindered the drive for parking, can you plant a replacement tree close but not in the exact same place that will satisfy the tree officer but not cause you problems parking?

Freecall

Now that you are in contact with the Tree Officer, why not discuss the possibility of replacing the tree somewhere else on the property which you find more convenient for the drive.

You could even offer to plant more than one tree in order to reach a conclusion that suits all concerned.

Sometimes situations such as this can be turned around such that you can benefit and actually improve the amenity of your property.

Always look on the bright side and all that.

:beer:

Freecall

Sorry Slinky, crossed posting.

Slinky

Freecall wrote: »

Sorry Slinky, crossed posting.

Great minds think alike

AnotherJoe

This raises two issues: first being the cost of the new tree and work to have it planted etc
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Dont make a drama out of this. You can buy a tree for £20 and the "work" to plant it consists of digging a small hole, a five to ten minute job.