Cutting tree unregistered land

Grumpy_chap

Boudouche1 said:

I do not have a report from a tree surgeon. We had several tree surgeons coming, but they did not provide reports (only comments and suggestions, not in writing). 

What is the work under statutory powers that you mention? 

Can I use the precedent of the council cutting the neighbouring tree and make them cut this tree? Can I have any support elsewhere (bus company, local MP?) to make a case about the tree obstructing the traffic? 

A tree surgeon will charge to provide a report that the tree is unsafe.

IF the tree is unsafe and presents a danger to the general public (as determined by the Council's Arboriculturist), then the Council have powers to compel the landowner to make safe or, if the landowner fails to do so, the Council has powers to enter the land and make safe.  Make safe may mean appropriate trimming the tree or full removal.

Rather than expend your money on a report, it may be worth writing to the Council Officers to say that you are concerned about the state of the tree and you consider it may be unsafe and present a danger to the general public and you request the Council to investigate and take action as appropriate.
The next escalation would be your local Councillor.
And then the MP.

Reed_Richards

There was a similar piece of unregistered land next to my house which the parish council had fenced with two gates for access.  The district council regularly mowed the grass.  A few years ago the Parish Council applied to adopt it on the basis that they had been maintaining it for a sufficient number of years and adverse possession would therefore apply.  As far as I know this application was successful and they are now the registered owners.  This makes them responsible for the trees on this land.  The previous owner of my house had changed the fence line to make a corner of the land appear his own (subsequently it was changed back again).  I think this threat helped stir the Parish Council into action.

I don't think you can "make" anybody do anything about the tree but you might be able to persuade your council that something should be done on the grounds of safety.  But you could find that other locals like the tree and would be upset if it was severely pruned or removed.     

Boudouche1

Thank you @Grumpy_chap for your suggestions. I do not quite understand how the Council can compel the landowner to make the tree safe, if they do not know who landowner is (the land is unregistered). I have tried writing to the Council officers (Highways department) and clearly stated that the tree presents a danger to the general public. They said they could not take any action. I feel that I have exhausted the possibilities of communicating with the Council at this stage, so need to go further.

 

@Reed-Richards, thank you for sharing an interesting story. Perhaps I can try to fence the area off, but everything suggests it is a long game and the tree might cause damage to my property before I/the Council can take ownership of the unregistered land. I would appreciate any advice, though, on how I can persuade the Council that something has to be done about the tree.

EricMears

If there's a gas pipeline running beneath the land,  then the owners of the pipe ought to have some record of arranging a wayleave for it so should be able to advise who owns the land.   Alternatively,  if they put the pipe there without a wayleave more than 12 years ago they could be considered to have acquired the land by adverse possession so now own the land.

Grumpy_chap

Boudouche1 said:

I do not quite understand how the Council can compel the landowner to make the tree safe, if they do not know who landowner is (the land is unregistered). I have tried writing to the Council officers (Highways department) and clearly stated that the tree presents a danger to the general public. They said they could not take any action. I feel that I have exhausted the possibilities of communicating with the Council at this stage, so need to go further.

If the tree is unsafe, the Local Authority can act under statutory powers.
This is a process that follows several steps.  The first step is to serve notice on the Land Owner.  This includes measures for when the Land Owner cannot be identified.  The Local Authority should first take reasonable steps to identify the Land Owner - it may, for example, be residual ownership of the Developer.  It requires writing to the Land Owner at the address of the site and then to the Occupier and then site notices.  
If the Land Owner fails to take the necessary actions within the necessary timescales, the Local Authority can undertake the works and then subsequently hold a charge against the land to recover the costs subsequently from the Land Owner.

If Highways show no interest (the land is outside of highways extents), then try Parks & Open Spaces Dept.  You may have to try different departments before any takes any interest.  How does your Council website operate?  I just checked the website for my Local Authority and, using the search function within the website for "tree", the first result is "report a problem with a tree".
Once you have exhausted any departments within the Council, the next escalation would be to write to your Local Councillor.

HHarry

Could you afford to have all of the tree work completed if necessary?  If so comission a report into the safety of the tree, and if it is deemed unsafe get the work done.

If the owner of the land subsequently appears and has a problem, you can show the report as mitigation.

Boudouche1

Thank you @EricMears. I will need to figure out how to find the owners of the pipe and establish their relationship with the unregistered piece of land. Perhaps you are right and they now own the land?

 

@Grumpy_chap, thank you for practical advice. The local authority (Council) spoke to me and explained that they had tried to serve a notice to the Land Owner, but could not identify who owns the land. In fact, they served their notice (section 1?) to two landowners, but realised that the land was unregistered. I was told that if landowner refuses to pay, the Council would cut the tree and recover the costs – but this is now impossible as the Land Owner cannot be identified.

Thank you for your suggestion, I will now try Parks Department and see what they say.

 

@HHarry, I am reluctant to pay for all of the tree work at this stage as it is very expensive, and I might be in trouble by cutting the tree of someone else’s land. I do not know if the report stating that the tree is unsafe would cover me if something happens to the tree in the future, or the owner reappears.

Ectophile

It strikes me that there's a difference between chopping off every branch on your side of the tree, which could destabilise it, and giving it a good prune, so the branches on your side aren't a nuisance any more.

Boudouche1

@Ectophile . You are right, it is all about balance

Exiled_Tyke

Grumpy_chap said:

Boudouche1 said:

I do not quite understand how the Council can compel the landowner to make the tree safe, if they do not know who landowner is (the land is unregistered). I have tried writing to the Council officers (Highways department) and clearly stated that the tree presents a danger to the general public. They said they could not take any action. I feel that I have exhausted the possibilities of communicating with the Council at this stage, so need to go further.

If the tree is unsafe, the Local Authority can act under statutory powers.
This is a process that follows several steps.  The first step is to serve notice on the Land Owner.  This includes measures for when the Land Owner cannot be identified.  The Local Authority should first take reasonable steps to identify the Land Owner - it may, for example, be residual ownership of the Developer.  It requires writing to the Land Owner at the address of the site and then to the Occupier and then site notices.  
If the Land Owner fails to take the necessary actions within the necessary timescales, the Local Authority can undertake the works and then subsequently hold a charge against the land to recover the costs subsequently from the Land Owner.

If Highways show no interest (the land is outside of highways extents), then try Parks & Open Spaces Dept.  You may have to try different departments before any takes any interest.  How does your Council website operate?  I just checked the website for my Local Authority and, using the search function within the website for "tree", the first result is "report a problem with a tree".
Once you have exhausted any departments within the Council, the next escalation would be to write to your Local Councillor.

This looks like sound advice to me. I'd suggest one small change. I'd get a councillor involved from the start as they usually have more influence over council officers.