Blue shaded area on land registry - massive tree

PrivateRyan

Tiglet2 wrote: »

OMG that tree is huge. If it is an oak tree, I would double check there is no TPO on it before doing any work. It needs serious pruning and would be a job for a professional. Also I believe the time for pruning a mature oak would be in the winter (Oct - March) when conditions are cold.

We did check and it's not covered, however a few people have been surprised at that so for sure, we'd ask again to make sure.

xylophone

That is a mature and apparently healthy oak.

http://www.hungerfordvirtualmuseum.co.uk/index.php/15-artefacts/87-how-to-age-a-tree

There still seems to be doubt as to who owns the tree - I am not sure about your "mentally drawn line".


It was there when you bought the property and removing it could well be seen as environmentally undesirable.

Even if there is no TPO, your neighbour might well apply for one.

https://www.trees.org.uk/Help-Advice/Public/How-can-I-get-a-Tree-Preservation-Order-made-on-a

https://www.derbyshire.gov.uk/environment/conservation/tree-preservation/tree-preservation-orders.aspx

If there is a TPO, you will require permission to carry out work on the tree, let alone to fell it.

Have you sought the advice of the tree officer at the council?


If the tree is yours, then a judicious pruning by an expert could improve the light situation - why not then fence within your property and have a tree house created for the children - far better than removing a healthy tree?

PrivateRyan

Thanks - some good links for me to check. I will ask for a tree officer to attend.

I'm not against trees, far from it. I agree - if we can prune the tree back (significantly) on both sides, i'd be VERY happy. The neighbours disagree and say it is nice the way it is. As previous posts, if i get someone to significantly prune on my side only it could become a dangerous tree.

Regarding my drawn line. If you look at my LR plan you'll see my boundary touches the back corner of their extension whereas in fact our fence is a few feet closer in. Meaning (i think/hope) that when extended down the garden, it would mean the true is in fact on my property/plan.

THANKS again!

Davesnave

xylophone wrote: »

If the tree is yours, then a judicious pruning by an expert could improve the light situation - why not then fence within your property and have a tree house created for the children - far better than removing a healthy tree?

On an oak that size, a bit of crown lifting (removing lower branches) might be possible, regardless of whether there's a TPO. It could make the situation more bearable.

Every council tree officer decides things individually, but I know a line of protected trees were substantially reduced on an estate where we lived, allowing more light into people's gardens.

giraffe69

I think having checked re TPOs and conservation areas so I was sure I wasn't breaking the law then I would organise for it to be reduced rather than removed. You've already said you will pay. I'd say to the neighbours that
a. I believe it is on my land. You may need to demonstrate this.
b. I propose to have it done professionally
c. I'm reducing/tidying not killing and removing.

If I had this overbearing tree I might not be happy for it to be completely removed but I would be happy for it to be reduced. Is it possible they haven't fully understood what you want done?

Slinky

OMG how do you even get insurance on your house with a tree that close?

Tiglet2

PrivateRyan Land Registry title plans are not absolutely accurate. The title plan of your neighbour's plot doesn't show the extension so how can you know that the boundary abuts the extension, rather than 5' over? I can't see your title plan uploaded here, although clearly there is no extension/garage on your plot either.

Tiglet2

Apologies, I now see that you posted your plan earlier. The blue bit at the end of your garden means that it was added to your title later than the pink/red bit. All the land inside the red outline is yours. Your land originally consisted of all the pink part, but at some point the blue bit was added. This should be shown on your title register as a transfer or conveyance of land. It would seem likely that this is where the tree is situated, so highly likely that the tree is yours.

davidmcn

Tiglet2 wrote: »

Your land originally consisted of all the pink part, but at some point the blue bit was added.

I think the colouring is just to distinguish between the two different minerals reservations quoted earlier, I don't think anything has necessarily been done to the title since the houses were built.

RichardD1970

Another thing to consider, if you are thinking of removing such a large, well established tree is ground heave.

Basically this is where the tree is no longer using gallons of water, which is then retained by the soil causing it to swell.

https://www.surveyorlocal.co.uk/glossary/ground-heave

This can have major effects on foundations. Hopefully this may have been taken into account when the houses were built and mitigated against.