Tree Ownership

Tree Ownership

Postby Shaded1 » Mon Jul 28, 2014 8:41 am

A few years ago, my neighbour planted a tulip tree about a metre from the boundary with my garden. As this tree could eventually be 30m high with a 10m spread, I can foresee problems ahead unless I sacrifice most of my garden to someone else's tree.

Ownership of the neighbour's house was placed in a tax-dodging trust before he inherited it from his parents and ownership of the property has never been registered.

So my question is, who legally owns the tree? Is it the trust which owns the property, or the occupier who planted it?
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Re: Tree Ownership

Postby arsie » Mon Jul 28, 2014 9:28 am

Shaded,
You are allowed to trim any overhangings back to the boundary and, if you do so regularly, the tree will grow in a lop-sided shape but should at least stay alive. If you leave it until it is grown, the impact of severe chopping back could be fatal and then you would be liable to accusations of damage. You might also want to investigate the likely root system and putting in a root guard. The same principle of early action applies.

Apart from communication being easier/not, does the ownership make a huge difference?

I would anyway ask them to consider moving the plant away from the boundary so that it has more chance of growing up without being lopped off by you - which is within your rights. Is the boundary your south boundary? I assume so from your name. In my experience tulip trees and their close relative magnolia are not huge growers and do not have dense foliage.
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Re: Tree Ownership

Postby MacadamB53 » Mon Jul 28, 2014 11:05 am

Hi Shaded,

So my question is, who legally owns the tree? Is it the trust which owns the property, or the occupier who planted it?

the owner of the property.

Kind regards, Mac
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Re: Tree Ownership

Postby TO » Mon Jul 28, 2014 1:31 pm

Hi

Shaded1 wrote:Ownership of the neighbour's house was placed in a tax-dodging trust before he inherited it from his parents
Such trusts are rarely tax dodges. They are used to ensure that the childeren inherit the house instead of it being sold to pay for the care costs of the parent.

The trust owns the tree

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Re: Tree Ownership

Postby Shaded1 » Mon Jul 28, 2014 2:23 pm

Thanks for the answers. I just wanted to know whether, if there are any complaints from my neighbour, I have the option of telling him to get the owner to contact me. Presumably the trustees would have to produce documents to prove they were the owner, as there is no record at the Land Registry.

In my experience tulip trees and their close relative magnolia are not huge growers and do not have dense foliage.

This tree may not be dense, but anyone who plants a tree of this potential size in a domestic garden probably is :)

Such trusts are rarely tax dodges. They are used to ensure that the children inherit the house instead of it being sold to pay for the care costs of the parent.

Yes, they are favoured by the kind of people who prefer others to pay for the public services they use and who plant trees inconsiderately.
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Re: Tree Ownership

Postby Treeman » Mon Jul 28, 2014 5:29 pm

Shaded1 wrote:Yes, they are favoured by the kind of people who prefer others to pay for the public services they use and who plant trees inconsiderately.



So do you mean they haven't contributed anything to the public services pot? Wonder how they managed that whilst earning the money to buy the property?

Perhaps you would be happy if they were some third generation benefit soakers which since they have an asset to protect seems highly unlikely.

Your negativity is spectacular, you cant even take advice in good grace.
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Re: Tree Ownership

Postby MacadamB53 » Mon Jul 28, 2014 5:45 pm

Treeman wrote:
Shaded1 wrote:Yes, they are favoured by the kind of people who prefer others to pay for the public services they use and who plant trees inconsiderately.



So do you mean they haven't contributed anything to the public services pot? Wonder how they managed that whilst earning the money to buy the property?

Perhaps you would be happy if they were some third generation benefit soakers which since they have an asset to protect seems highly unlikely.

Your negativity is spectacular, you cant even take advice in good grace.

Hi Treeman,

me thinks the OP was referring to the occupant...

Kind regards, Mac
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Re: Tree Ownership

Postby Treeman » Mon Jul 28, 2014 7:11 pm

MacadamB53 wrote:
Treeman wrote:
Shaded1 wrote:Yes, they are favoured by the kind of people who prefer others to pay for the public services they use and who plant trees inconsiderately.



So do you mean they haven't contributed anything to the public services pot? Wonder how they managed that whilst earning the money to buy the property?

Perhaps you would be happy if they were some third generation benefit soakers which since they have an asset to protect seems highly unlikely.

Your negativity is spectacular, you cant even take advice in good grace.

Hi Treeman,

me thinks the OP was referring to the occupant...

Kind regards, Mac



I think he was referring to the people who planted the tree and the trust
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