Tree in Private Road damaging property

Re: Tree in Private Road damaging property

Postby MacadamB53 » Mon Aug 07, 2017 8:16 am

Buca1uk wrote:Hi,

The council have confirmed that the tree does Not have a TPO against it. As for who owns the land that the tree resides on, I have requested a "SIM" (Search of Index) from the land Registry to see if that will shed any light.
have you got the SIM result now?
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Re: Tree in Private Road damaging property

Postby henners » Mon Aug 07, 2017 12:18 pm

Ummm.
The tree is owned by the party or parties who own the private road - sometimes the parties who own the road are known, and sometimes not.
Now if the tree really is dangerous the LA do have the powers to go on to private land and make a tree safe if the tree is a danger to neighbours or the public - any cost involved in this should be registered as a charge against the land, whether the land is a private garden or a private road (not normally done, I might add in the case of private roads as the road itself will seldom be registered, as is the case too for a large number of homes [the homes will generally be unoccupied and unregistered]). So you will find LA often make trees safe on private roads over which there are public rights of way. I suspect the same applies to private roads over which there aren't public rights of way, as the properties off the way will have milk and papers delivered to their homes, so there is a right of way for agents of the homes off the way. The council probably have powers to serve a notice on the owners of homes off the private road too, if the land is registered to show common ownership.
In general, LA will fob you off with lame excuses like: we have no powers to go onto private land, when if fact, in circumstance where there's risk to the public, they have.
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Re: Tree in Private Road damaging property

Postby TO » Tue Aug 08, 2017 7:17 am

henners wrote:LA will fob you off with lame excuses like: we have no powers to go onto private land, when if fact, in circumstance where there's risk to the public, they have.
The LPA do have powers to make dangerous trees safe. But somebody has to serve notice on them asking they do something about the dangerous tree, and the powers are discretionary. These days with all the cuts to services don't expect too much.

It's not so much being fobbed off, rather you get what the majority voted for. I.e. massive cuts in public services.
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