common lime tree with a tpo

common lime tree with a tpo

Postby graham turner » Sun Jul 13, 2014 5:05 pm

I have a 60 year old lime tree on a grass verge outside my property,the parish had the tpo put on it 6 weeks into a planning application for a bungalow.I live next door to the vice chairman of the parish.The parish are now claiming ownership of the verge by de facto as they have cut the grass for 20 years.The tree overhangs the boundary on my side by about 8 feet.Does this mean that they can stop me getting permission to remove overhanging brances permanently.Our application was turned down on one thing only which was impact of tree and future occupants would find the tree unbearable even though its 40 feet away from the build,even with a 31 page arb report it looks set to fail again. We get full sun from 10 am all day.Anyone ever dealt with a problem like this before.
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Re: common lime tree with a tpo

Postby jonahinoz » Mon Jul 14, 2014 7:01 am

The parish are now claiming ownership of the verge by de facto as they have cut the grass for 20 years.

Hi,

Does cutting the grass count as an act of popssession? That could open several cans of worms.

I don't wish to hi-jack this discussion, but my daughter is required to keep half her rear garden as amenity land, and not fence it. Every few weeks, the council mow it. Her next door neighbour was told to remove his 4x4 from his area,by the council who claimed it was their land. They did apologise, in writting.

If the general public have access to your land, should your insurers be told, and will it affect your premium?

John W
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Re: common lime tree with a tpo

Postby MacadamB53 » Mon Jul 14, 2014 7:41 am

Hi graham,

The parish are now claiming ownership of the verge by de facto as they have cut the grass for 20 years

can you elaborate...

Kind regards, Mac
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Re: common lime tree with a tpo

Postby graham turner » Mon Jul 14, 2014 10:03 am

Hi mac,basically the tree was planted by a villager on the verge which belonged to a building company that ceased trading in 1968,now since my planning application they are desperate for ownership even though I don't need to cross it for any access.we don't need any work on it or want it removed,but they want it to grow so landscapes are going to stop us building by saying future occupants would find the tree overbearing and we would have a lot of shade.But unless the sun moves its orbit ,we are in full sun from about 10.30 am.
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Re: common lime tree with a tpo

Postby Roblewis » Mon Jul 14, 2014 10:14 am

If you kniow the name of the company I would try and locate one of the former directors or the liquidators. They could still hold title and be willing to sell. I would also fence off the area and refuse the parish access. Mowing does not constitute possession and cannot be claimed for adverse possession purposes. You may well need to allow public right of access, not workers for the purposes of work however. The parish has no more rights than you in ownership.
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Re: common lime tree with a tpo

Postby ukmicky » Mon Jul 14, 2014 7:34 pm

They are probablly claiming it to be highway
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Re: common lime tree with a tpo

Postby MacadamB53 » Mon Jul 14, 2014 11:00 pm

ukmicky wrote:They are probablly claiming it to be highway

+1
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Re: common lime tree with a tpo

Postby COGGY » Mon Jul 14, 2014 11:42 pm

Hi
Surely the highway is not owned by the Parish Council?
Regards
Coggy
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Re: common lime tree with a tpo

Postby graham turner » Tue Jul 15, 2014 9:22 am

The tree is on the grass verge that is not owned by the highway,the parish are taking ownership of it.
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Re: common lime tree with a tpo

Postby MacadamB53 » Tue Jul 15, 2014 9:26 am

graham turner wrote:The tree is on the grass verge that is not owned by the highway,the parish are taking ownership of it.

in what sense?
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Re: common lime tree with a tpo

Postby arborlad » Tue Jul 15, 2014 10:23 am

graham turner wrote: .Our application was turned down on one thing only which was impact of tree and future occupants would find the tree unbearable even though its 40 feet away from the build,



The contentious area here seems to be the proximity of the tree to the build, around 40 feet, whoever owns the tree and however the land is designated, highway, verge, amenity etc., it's still going to be around 40 feet from the build.
arborlad

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Re: common lime tree with a tpo

Postby MacadamB53 » Tue Jul 15, 2014 10:56 am

arborlad wrote:
graham turner wrote: .Our application was turned down on one thing only which was impact of tree and future occupants would find the tree unbearable even though its 40 feet away from the build,



The contentious area here seems to be the proximity of the tree to the build, around 40 feet, whoever owns the tree and however the land is designated, highway, verge, amenity etc., it's still going to be around 40 feet from the build.

Hi arborlad,

good point, and the OP's application was "turned down on one thing only which was impact of tree and future occupants would find the tree unbearable"

worryingly though "even with a 31 page arb report it looks set to fail again"

I thought a tree survey was one of the first things to be completed and certainly not after submitting an application?!? (am I at least right about that?)

Kind regards, Mac
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Re: common lime tree with a tpo

Postby graham turner » Tue Jul 15, 2014 11:50 am

The architect never thought it to be an issue,we resubmitted identical plans with full arb report thinking that was that as we addressed all the issuses about protecting the tree etc,not wanting it removed.this tree would be 40 feet away from the new property and is 70 feet away from the rear of my house now.Are they saying that whoever lives in my property in the future will want the tree removed as well.We live semi rural with large trees everywhere even in peoples gardens.If everyone with a large tree within 40 wanted them removed it just seems madness.
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Re: common lime tree with a tpo

Postby MacadamB53 » Tue Jul 15, 2014 12:23 pm

Hi graham,

this tree would be 40 feet away from the new property

I assume by "property" you actually mean "building"?

The tree overhangs the boundary on my side by about 8 feet

how close is the tree to the new property's planning unit?

Kind regards, Mac
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Re: common lime tree with a tpo

Postby graham turner » Tue Jul 15, 2014 4:34 pm

mac,12m or 40 feet.
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