Tree preservation order

PaulStat

PaulStat

PaulStat

Soldato
Joined
1 Mar 2003
Posts
5,508
Location
Cotham, Bristol
Hi Folks,

I live in the basement flat of an old Georgian house, there are three flats above, the front garden is owned by the flat above and the rear garden is ours.

There's a big old tree in the front garden just off to the side of the communal path leading to the main entrance. The roots of this tree are fairly close to the surface and pushing up the pathway and causing a crack in the front wall.

Last time the landlord from above was round next door requested to have the tree torn down as it's causing them some issues as well. The council said no and slapped a tree preservation order on it.

Anyway skip forward the guy who owns the land the tree is on says he would like to shift the responsibility of maintaining the tree on to property management committee. Now the building doesn't have a management company, the landlords of each flat (including us) are responsible for the upkeep of the building and we each pay equally when something needs to be done.

Now I'm happy to pay my part for fixing any guttering etc. But when it comes to paying for his tree I think that's pushing it a bit? Sound fair?

Cheers,
Paul
 
raptormonkey said:
Get someone to chop it down. Plead ignorance!
Click to expand...

No-one will chop it down. You'd have to find some-one really ***** to take down a tree with a TPO - most Tree Surgeons check for TPOs before removing large trees, and wouldn't touch it with a bargepole.
 
I doubt it, I would imagine they would be legally obliged to remove it if it was causing structural damage to a house. I am guessing front garden wall.
 
By shifting responsibility he shifts the costs associated with maintaining the tree. Why should you have to accept that? Just say no.

I have four trees in my garden with preservation orders and they are a pain.
 
Hades said:
By shifting responsibility he shifts the costs associated with maintaining the tree. Why should you have to accept that? Just say no.

I have four trees in my garden with preservation orders and they are a pain.
Click to expand...

precisely, I've said no but happy to help with any building maintenance work.
 
He is well within his rights to pass the maintenance of the site to any company he wants. That doesn't mean you have to contribute to the costs of this maintenance contract though. He is the free holder, its his responsibility to maintain it. He could try to increase your rents to cover it but there are laws which set out acceptable rent increase amounts. He cant just say "right I want an extra £2000 each a year"
 
Clum said:
There are many ways to kill a tree. Google is you accomplice in murder.
Click to expand...

cut it down with a mini gun (as in the myth busters episode), see if you can get Kari Bryon to do it for you as well.. topless... and video it... and post it on youtube... and post a link...
 
We had this issue. A big tree outside our house caused massive cracks in the walls and it looked like the house was gonna fall down! :eek: What should happen is that your insurance company pay for repairs whilst negotiating with the council to cover some (all) of the costs. Make sure the council also replaces the tree with a more suitable one. Don't let them get rid of it without replacing it!
 
LOAM said:
He is well within his rights to pass the maintenance of the site to any company he wants. That doesn't mean you have to contribute to the costs of this maintenance contract though. He is the free holder, its his responsibility to maintain it. He could try to increase your rents to cover it but there are laws which set out acceptable rent increase amounts. He cant just say "right I want an extra £2000 each a year"
Click to expand...

You seem to have misunderstood.

- House split into four flats
- I'm the landlord of the basement flat, I own the rear garden
- The flat above the landlord owns the tree and the front garden
- He wants to shift the costs of maintaining the tree, equally among the three other flats despite it being his responsibility.
 
Ring the tree and say nothing, :D next year inform the council that the tree has died. Then have the tree removed, the council will have no proof as to who killed the tree. To ring the tree remove the bark around the base, a one inch strip in a ring all the way round will kill the tree.
 
Can protected trees ever be cut down?

There are times when trees that are protected by a tree preservation order may be cut down. If the trees are dead, dying or dangerous, or if the trees need to be managed to remove a nuisance, or threat to life or property, you can ask for our written permission to cut them down or prune them
Click to expand...

Failing that just get someone shady to cut it down :/
 
PaulStat said:
Anyway skip forward the guy who owns the land the tree is on says he would like to shift the responsibility of maintaining the tree on to property management committee. Now the building doesn't have a management company, the landlords of each flat (including us) are responsible for the upkeep of the building and we each pay equally when something needs to be done.
Click to expand...

I'd like to shift responsibility for my mortgage onto next door but they won't agree to it.

I suggest you do likewise.
 
You must log in or register to reply here.
Back
Top Bottom