Blue shaded area on land registry - massive tree

PrivateRyan

There is a massive - and i mean massive - tree at the bottom of our garden. It's approximately twice the height of our 2 story house.

The branches of the tree completely block all sun and usage of the back garden. Leaves, bird p**, falling branches .. it's a nightmare.

I did a land registry search and on the plan where the tree is, that area is shaded BLUE. I did a search on the neighbour and there's no such mention. To be honest, following the boundary line it would seem that majority of the tree TRUNK is on the neighbours side but again, only mine has the blue area?

I've approached the neighbour to ask if i can pay to have the tree either fully removed or a major cut back. They have sadly refused.

What are my options?

1) A friend told me, blue shading has nothing to do with the tree - true?? Strangely, It's exactly the same location .. no doubts about it
2) if i cut all the branches on my side, it could (apparently) cause the tree to be dangerously weighted on their side. Is this my concern?
3) If i have the tree completely removed what is the worse that can happen to me?
4) Both properties did not "incorporate" the tree into their boundary. As i understand, all the houses on our street purchased an extra X feet from the council when the next estate was built. Both houses have walled/fenced around the tree such that the tree appears/feels outside of their property. Does this help? We asked the council if it was therefore their tree but they immediately said no.


Like i mention. We've tried to be reasonable, offered to pay the full cost - but the neighbours are not interested. BUT, i have two young children and this monstrous tree is casting a shadow (excuse the pun) on living in our family home.

Many thanks to anyone that offers advice. Am literally feeling ill over this. Thanks.

Mickygg

It hasn't sprung up over night. Have you just moved in? Been there years?

If a neighbour has a tree and likes it you can't blame them for not wanting to cut it down. Depending on the tree type a major prune could kill it.

However you are entitled to cut any branches overhanging your side.

I lived in my last house where the neighbours trees blocked out the sun from 4. I asked them if I could cut back, they said no, I eventually moved to a house with no huge trees. Live and learn.

xylophone

Have you checked for a TPO?

Is the neighbour claiming that the tree belongs to him?

if i cut

Whatever happens, this doesn't sound like a job for an amateur.

MysteryMe

PrivateRyan wrote: »

There is a massive - and i mean massive - tree at the bottom of our garden. It's approximately twice the height of our 2 story house.

The branches of the tree completely block all sun and usage of the back garden. Leaves, bird p**, falling branches .. it's a nightmare.

I did a land registry search and on the plan where the tree is, that area is shaded BLUE. I did a search on the neighbour and there's no such mention. To be honest, following the boundary line it would seem that majority of the tree TRUNK is on the neighbours side but again, only mine has the blue area?

I've approached the neighbour to ask if i can pay to have the tree either fully removed or a major cut back. They have sadly refused.

What are my options?

1) A friend told me, blue shading has nothing to do with the tree - true?? Strangely, It's exactly the same location .. no doubts about it
2) if i cut all the branches on my side, it could (apparently) cause the tree to be dangerously weighted on their side. Is this my concern?
3) If i have the tree completely removed what is the worse that can happen to me?
4) Both properties did not "incorporate" the tree into their boundary. As i understand, all the houses on our street purchased an extra X feet from the council when the next estate was built. Both houses have walled/fenced around the tree such that the tree appears/feels outside of their property. Does this help? We asked the council if it was therefore their tree but they immediately said no.


Like i mention. We've tried to be reasonable, offered to pay the full cost - but the neighbours are not interested. BUT, i have two young children and this monstrous tree is casting a shadow (excuse the pun) on living in our family home.

Many thanks to anyone that offers advice. Am literally feeling ill over this. Thanks.

What a piece of work you are. Is it your concern if you make the tree a danger to your neighbour and their property? You actually need an answer to that?

G_M

PrivateRyan wrote: »

1) A friend told me, blue shading has nothing to do with the tree - true?? Strangely, It's exactly the same location .. no doubts about it
The Land Registry Title should specify what the blue area signifies (assuming the blue shading is on the Land Registry Plan - is it?).
Have you read the Title? hat does it say? Pleasee quote.

2) if i cut all the branches on my side, it could (apparently) cause the tree to be dangerously weighted on their side. Is this my concern?
You can cut any branches over-hanging your side of the boundary, assuming
a) it is not protected by a TPO
b) it is not protected by a Conservation Area designation
c) you do not kill or cause lasting damage to the tree

3) If i have the tree completely removed what is the worse that can happen to me?
You could be prosecuted and fined/imprisoned
You could be forced to replace the tree with one of a similar type/size
You could be forced to pay compensation to the value of the tree

4) Both properties did not "incorporate" the tree into their boundary.
I have no idea what you mean.The tree is either

* on your side of the boundary, and therefore yours
* on your neighbour;'s side of the boundary, and therefore his
* exactly on the boundary, in which case you need to establish who owns the boundary

As i understand, all the houses on our street purchased an extra X feet from the council when the next estate was built.
evidence?

Both houses have walled/fenced around the tree such that the tree appears/feels outside of their property.

Does this help?
Perhaps. Please explain and/or attach a photo.
Please refer to Title Plan and Plan and any other reevant documentation.

We asked the council if it was therefore their tree but they immediately said no.
OK- so it is not the council's. is it yours or the neighbour's? (or indeed, someone else's.......?)

Like i mention. We've tried to be reasonable, offered to pay the full cost - but the neighbours are not interested. BUT, i have two young children and this monstrous tree is casting a shadow (excuse the pun) on living in our family home.
How long have you lived there? How big was it whn you moved in?

////////////////////////////////////////////////////////////////////////////////

Tom99

The purpose of the blue shading should be stated on the title. Is this the area which formed the extension of the garden? Is the blue shading within the red line of your ownership?
Typically the title might say the area shaded blue has the benefit of a right of way or something over ????. Is there any path/alleyway it could relate to?
When comparing the title plan of your plot and your neighbours is the any gap? If not the the tree is within one or both of your plots.

ognum

I am buying a house that has blue and red shading on the plot on the Land Registry and the reasons are clearly stated in the prose from the land registry.

The reason in my case is the land was purchased and made into a plot at different times and the blue shaded area has a condition attached that it cannot be built on and is for garden only.

Read the details attached to the plot on your LR download.

getmore4less

As well as TPO I would check the planning portal for any information on the tree.

In our are using the map interface you can see any applications to work on trees

ognum

You can write or email the tree department at the council you pay your council tax to and they will tell you whether there are any preservation orders in the tree.

Google is you friend, google information on the councils website.

Norman_Castle

Both houses have walled/fenced around the tree such that the tree appears/feels outside of their property.

You can put a fence anywhere, it doesn't necessarily define the boundary.

Davesnave

While you may cut the part of the tree that overhangs your property, on a tree of this size no respectable tree surgeon would be likely to take the job on and risk a claim for negligence if the tree subsequently fell or was deemed dangerous. This leaves you with the dangerous possibilities of DIY or disreputable chain saw loons.

This is a large tree which you knew about when purchasing. You may even have bought cheaply because others saw it and decided it was not going to become their problem. Now it's is an issue for you, face up to your previous lack of foresight and rather than bleating about it making you feel ill, make the enquiries mentioned above to see what realistic options you have.

We can't tell you much more, but I can say that blue shading on Land Registry title plans has nothing to do with TPOs. Your council tree officer is the one who knows about those and might even offer some free advice.