Cutting down a tree

[mitsy26]

We have a large tree to the rear of our garden and we have new naighbours and they have said about cutting it down, is there anyway we can stop them, as its quite sentimental to me!

[pretty_snowdrop]

Why do the neighbours want you to cut it down? If the tree is in your garden and it is not causing them any problems then don't cut it down.

[shoota]

It is possible to protect trees with 'protection orders' but I have no experience of how to do it.
Speak to your local authority, I do know that they can do this but there are many factors to consider: whose land is it on, is it threatening the fabric of your neighbours house etc? It is possible that their mortgage is dependant on its removal if it is taking moisture from the ground and causing a risk of subsidence.

[mitsy26]

its outside our garden, they want to cut it down so they can park their cars at the rear of the house

[jackthehat]

Is it in 'their' garden, though?

[Jumbo747]

Who is the owner of the land on which the tree is planted?

[mitsy26]

No it's about 6 foot behind their back wall

[jackthehat]

If it is not on their property, they have no right to cut it down.

[shoota]

Am I right in deducing that you have an access road between your properties and the tree is on that?
If so you will need to dig out the deeds and see who is responsible for that piece of land - it could even be you.

[ladybirder]

I tried to get a PO on a tree that was not on our land but I feared was to be cut down. I phoned the Preservation Officer at our council who came out and had a look. The reason it was refused now escapes me but we didn't lose the tree as the developer promised to leave it in situ and it's still there now. So you can ask for a PO on it even though it's not on your land.

[jomifl]

Some species of trees such as oak require planning permission to be cut down if they are over a certain diameter.

[chaptazbru]

I hate seeing trees chopped down, especially well established ones. I'm sure your new neighbours can't just chop it down willy nilly. As others have said, a PO seems the way forwards. Good luck.

[mitsy26]

Its on a bit o waste land at the side of our house overhanding our garden/shed, but at the rear of their garden, our garden goes back further than theirs. There there is lane at the back. Hope this makes sense :)

[chaptazbru]

Have you told them you want it to stay?

[jackthehat]

As per my previous answer.

If it is not their tree, they can't cut it down.

[mitsy26]

I have told them but they seem to be the type if they want it down they would just cut it down

[shoota]

Are these the same neighbours who are putting the fence up?

[Jumbo747]

I would have thought the land in question is owned by somebody - find out who it is (from the council?) and proceed from there.

[buildersmate]

You need to find out who owns the land (if anyone actually does) by enquiring at the Land Registry. Records of ownership of land is nothing to do with the council - they have quite enough to do as it is.

[ladybirder]

mitsy your post at 21.25 exactly replicates my situation. You don't have to tell them who the land belongs to, they will have access to that information. Just phone and say you would like to apply for a preservation order on the tree, doesn't matter that it's not on your land.

[Jumbo747]

I bow to your superior knowledge BM