Am I Right To Be Feeling This Way?
Family Life2 mins ago
Trimming Trees
11 Answers
Everyone on here is always so helpful, so I am here again with another query.
At the bottom of our garden, over the other side of the fence which is on our boundary, there are several trees, which have now got out of hand, and are seriously overhanging our garden. We are planning to erect a new garden shed in this location, but the trees are going to really impinge on it. Years ago, a family member cut them back, but as we are all getting older, going up ladders with chainsaws is not a terribly good idea. We could of course get someone in, and pay them to do it, but as these are not on our land don't see why we should bear the expense.
Problem is, we don't know who owns the land. Over the fence is another small street, with houses on the opposite side. The land immediately over the fence is all overgrown and no-one seems to take any responsibility for it. We were under the impression that there was a right of way along this land.
When the houses on the other street were built, which was about 10 years ago, the people who bought them said the land opposite each house was their land but none of them seem to be bothered about looking after it. It's only a piece of rough overgrown land about 10 feet wide, so realistically there isn't much anyone could do with it.
Now we are trying to find out who owns these trees, nobody seems to know anything!! Which might be the case, as we don't know whether the current owners are the ones that bought the houses from new.
Is there any way we can find out, and if we can find out, is there any way to enforce the owners to do something about the trees. Without taking them to court, in which case we might just as well bite the bullet and pay for the job ourselves.
At the bottom of our garden, over the other side of the fence which is on our boundary, there are several trees, which have now got out of hand, and are seriously overhanging our garden. We are planning to erect a new garden shed in this location, but the trees are going to really impinge on it. Years ago, a family member cut them back, but as we are all getting older, going up ladders with chainsaws is not a terribly good idea. We could of course get someone in, and pay them to do it, but as these are not on our land don't see why we should bear the expense.
Problem is, we don't know who owns the land. Over the fence is another small street, with houses on the opposite side. The land immediately over the fence is all overgrown and no-one seems to take any responsibility for it. We were under the impression that there was a right of way along this land.
When the houses on the other street were built, which was about 10 years ago, the people who bought them said the land opposite each house was their land but none of them seem to be bothered about looking after it. It's only a piece of rough overgrown land about 10 feet wide, so realistically there isn't much anyone could do with it.
Now we are trying to find out who owns these trees, nobody seems to know anything!! Which might be the case, as we don't know whether the current owners are the ones that bought the houses from new.
Is there any way we can find out, and if we can find out, is there any way to enforce the owners to do something about the trees. Without taking them to court, in which case we might just as well bite the bullet and pay for the job ourselves.
Answers
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If the land is registered at the Land Registry, you can download a copy of the title register for £3. Locating unused land in their records can be a little trickier than looking for a house (where you just need the postcode and house number) but it's still possible by using their search facility that uses maps and aerial imagery:
https:/
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I would contact your parish councillor too and ask for a bit of support. They might be able to help find the owners and also put some weight behind the request so it isnt so personal.
We had some trees over hanging the street and the parish council wrote to us requesting we had them trimmed. It worked and we did it!
We had some trees over hanging the street and the parish council wrote to us requesting we had them trimmed. It worked and we did it!
Well I do know for sure they are not local authority trees. They have a map showing every tree in the city, street by street, and you can report a problem with any of them. So the land is owned by? You can certainly do a land registry check for £3, but you have to know the exact address, which is difficult to establish. If it's not registered then the whole thing gets more complicated.
From what I have been able to find out legally, we are able to cut the trees without the owners permission, as long as we give what we have cut off to the owner!!! If the owner - whoever they may be - doesn't want them - as if they would - it's our responsibility to dispose of them.
So it all looks like a rather more complex job than at first sight. I don't believe we have a parish council, so we are going to go around to the house opposite ours and ask them if they have any knowledge of whose the land is. But in the end, if we can't make them cut the trees down, we either have to pay to have it done ourselves, or put up with them. If I'm wrong about this, Id love to know.
From what I have been able to find out legally, we are able to cut the trees without the owners permission, as long as we give what we have cut off to the owner!!! If the owner - whoever they may be - doesn't want them - as if they would - it's our responsibility to dispose of them.
So it all looks like a rather more complex job than at first sight. I don't believe we have a parish council, so we are going to go around to the house opposite ours and ask them if they have any knowledge of whose the land is. But in the end, if we can't make them cut the trees down, we either have to pay to have it done ourselves, or put up with them. If I'm wrong about this, Id love to know.
Apparently we can't cut it at all if it will disturb the bird nests. We have managed to trim some of the lower branches that come over our fence, and every time we pulled on the trailing vine, wood pigeons come flying out. We have found two empty egg shells just below so we have good reason to think they are still nesting.
We have thrown the cuttings over, in the hope somebody will notice and come round furiously demanding we stop throwing tree branches on their land. No such luck!!
We have thrown the cuttings over, in the hope somebody will notice and come round furiously demanding we stop throwing tree branches on their land. No such luck!!
Glee, I know this is a bit of a faff, but, you say the houses opposite this ground were built 10 years ago?
Local Planning dept. (local district/town council) will have a record of this. They will also have detailed drawings showing the new houses and these "odd" pieces of land.
Often little pieces like these are numbered to correspond with the owner's number.
Even if they are not numbered, you can simply note the house number of the building directly opposite this ground. As you live there, you should easily be able to identify the opposite property.
Then ... you can search the Land Registry records for that particular property. That may tell you something. Being only 10 years ago is a great advantage.
Local Planning dept. (local district/town council) will have a record of this. They will also have detailed drawings showing the new houses and these "odd" pieces of land.
Often little pieces like these are numbered to correspond with the owner's number.
Even if they are not numbered, you can simply note the house number of the building directly opposite this ground. As you live there, you should easily be able to identify the opposite property.
Then ... you can search the Land Registry records for that particular property. That may tell you something. Being only 10 years ago is a great advantage.
I have been in touch by email with the local tree officer in the planning department to see if they can give me any information, initially it was relating to tree preservation orders, although i think it's unlikely.
When I hear from them, I can then go on to explain about the uncertainty (on my part) at least, as to who owns the piece of land. Currently, we are in this nest situation, and there is indeed a nest in this tree. How it manages to hold a wood pigeon, let alone a family of them I don't know as it's not that big. But nest it is, and birds there are in this tree, so cutting it back yet is not an option unfortunately.
Still, at least it gives me some time to try and find out whose tree it actually is. In fact, if it does turn out that the houses opposite own these trees, there may be others on this side of the boundary will want some action. At the very least my two next door neighbours are affected by them, they have grown very large, keep the sun from the bottom of the garden, and drop enormous amounts of leave which we have to clear up.
I love trees, and would hate to see them cut down, but they do need attention from time to time, especially where they are situated. We shall await events from the local authority, so will not be holding our breath.
When I hear from them, I can then go on to explain about the uncertainty (on my part) at least, as to who owns the piece of land. Currently, we are in this nest situation, and there is indeed a nest in this tree. How it manages to hold a wood pigeon, let alone a family of them I don't know as it's not that big. But nest it is, and birds there are in this tree, so cutting it back yet is not an option unfortunately.
Still, at least it gives me some time to try and find out whose tree it actually is. In fact, if it does turn out that the houses opposite own these trees, there may be others on this side of the boundary will want some action. At the very least my two next door neighbours are affected by them, they have grown very large, keep the sun from the bottom of the garden, and drop enormous amounts of leave which we have to clear up.
I love trees, and would hate to see them cut down, but they do need attention from time to time, especially where they are situated. We shall await events from the local authority, so will not be holding our breath.
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