Missing tree

[Mr.James]

Just wondering if anyone has been in same situation?

Basically, I live in a tree conservation area and one of the trees that was marked on the survey when I bought my house is no longer there...

Now I'm coming to sell my house, will this get flagged up in any surveys? Will it matter?

Cheers,

James.

[CallmeGoose]

sorry ... couldnt resist....

[Goldberg]

sorry ... couldnt resist....

Is this your Entry into the next Photo Comp?

[Goldberg]

Did you remove the tree... If so how many years ago.

It all depends. I cannot see how a missing tree will hinder the sale of the property, but you might have to foot the bill for some indemnity insurance which will protect the buyer of any wrong doing.
My friends wife is a conveyancing admin type so will ask her.

[BigBird]

Trees don't just go missing. if you haven't received any ransom note or anything I expect it's just wandered off in search of better scenery or soil conditions. Check your local park. (">

[Goldberg]

Trees don't just go missing. if you haven't received any ransom note or anything I expect it's just wandered off in search of better scenery or soil conditions. Check your local park. (">

Just think of the poor homeless birds and squirrels..

Mr.James.. The friends wife came back with this. I do not think it is the best advice, but then again...

They remove the tree? I would say nothing unless it comes up. They don't have to provide their survey which shows tree in any event so keeping quiet would be my advice.

[Mr.James]

Trees don't just go missing. if you haven't received any ransom note or anything I expect it's just wandered off in search of better scenery or soil conditions. Check your local park. (">

Found it, it was at an Entmoot all along. He's not coming back anymore, something about a going to destroy a ring.

[CallmeGoose]

Na....Not this one...Doesn't have any photoshop errors


Sent from my iPhone using Tapatalk

[Goldberg]

Na....Not this one...Doesn't have any photoshop errors


Sent from my iPhone using Tapatalk

Always blaming the tools... PEBKAC

[Mr.James]

It vanished in 2011. Well I say vanished, I sprinkled some pixie dust on it and it magically turned into a shed. That's my story and I'm sticking to it.

But I've had a look through all my survey stuff and can't find any sign of the tree. I thought it was on the survey but it's not... I've definitely seen it marked on something so I guess it must be on the property's deeds which are held with the mortgage people. I'm defo going to keep my mouth shut about it. Do the solicitors who handle the deeds check for stuff like that?

[DejaVu]

It vanished in 2011. Well I say vanished, I sprinkled some pixie dust on it and it magically turned into a shed. That's my story and I'm sticking to it.

But I've had a look through all my survey stuff and can't find any sign of the tree. I thought it was on the survey but it's not... I've definitely seen it marked on something so I guess it must be on the property's deeds which are held with the mortgage people. I'm defo going to keep my mouth shut about it. Do the solicitors who handle the deeds check for stuff like that?

Act of God. Got struck by lightening. End of.

'Lost' 2 trees in my garden this way (one was legit).

[Mr.James]

Act of God. Got struck by lightening. End of.

'Lost' 2 trees in my garden this way (one was legit).

Was it actually highlighted by a search or are you still at the same place?

[Goldberg]

They will do certain searches, again worst case they make you pay for an indemnity policy but these things are relatively cheap.

Other than that, start looking on ebay! http://www.ebay.co.uk/itm/Kilmarnoch...item3a8ffeb208

[Zippeyrude]

May be raised following the con29 search

[neilb]

Shocking the damage those recent storms did. You really should have told the council when it blew over but sometimes things just slip your mind

[Over Carl]

Shocking the damage those recent storms did. You really should have told the council when it blew over but sometimes things just slip your mind

That won't work. When we had those bad storms (87/88?) we had a tree outside our house that ended up leaning at about a 40° angle over the road. If it fell it would probably kill or injure anyone in it's path, and it definitely would have caused a lot of damage to the house opposite, and probably squashed their car if it was on the drive when the tree fell.

As we also were in a conservation area we contacted the council who told us we were not allowed to cut down the tree under any circumstance, and they would not indemnify us if we followed their order and the tree caused injury or damage.

Luckily the pixies took care of that one for us as it just vanished one day

[BigBird]

That won't work. When we had those bad storms (87/88?) we had a tree outside our house that ended up leaning at about a 40° angle over the road. If it fell it would probably kill or injure anyone in it's path, and it definitely would have caused a lot of damage to the house opposite, and probably squashed their car if it was on the drive when the tree fell.

As we also were in a conservation area we contacted the council who told us we were not allowed to cut down the tree under any circumstance, and they would not indemnify us if we followed their order and the tree caused injury or damage.

Luckily the pixies took care of that one for us as it just vanished one day

I have a very large Ash tree in my property at the end of my garden. I like the tree but last winters storms have made me think about the damage it could do if it blew over. Unofficially I have been told I can't cut it down, or my preferred option of reducing its size. I have also been told unofficially that the council wont take responsibility if it does come down and take my house or garage with it. Another concern is that a couple of years ago a commercial property was built nearby and when they were fitting large drainage 6 foot diameter pipes in the car park they dug down to a depth of around ten feet and cut through some very large roots which were only about ten foot across from the base of the tree. The cut roots are on the opposite side of the tree to my house so the greatest risk is if the wind is blowing the tree towards my house. I assume they had planning for the drainage trench. I dont think it should have been allowed that close to the tree.

If I decide to sort it I will take my chances with the courts. There is no way I am going to let them ignore my concerns and dictate what I can and can't do but at the same time wash their hands of it if it comes down. I will have to dig out images I took of the trench and the cut roots in case I need them for my defense or for any claim if the tree does come down.

I am going to write to the local authority to see what the official line is. A friend told me to just cut it and claim ignorance, but ignorance is no defense in law so I would rather use the argument that the council are a bunch of wankers that are quick enough to dictate but wont take any responsibility when their orders are followed. (">

[danthescan]

Now if it were a Tree House you were selling then maybe the missing tree would be a problem,but other than that im stumped

[neilb]

That won't work. When we had those bad storms (87/88?) we had a tree outside our house that ended up leaning at about a 40° angle over the road. If it fell it would probably kill or injure anyone in it's path, and it definitely would have caused a lot of damage to the house opposite, and probably squashed their car if it was on the drive when the tree fell.

As we also were in a conservation area we contacted the council who told us we were not allowed to cut down the tree under any circumstance, and they would not indemnify us if we followed their order and the tree caused injury or damage.

Luckily the pixies took care of that one for us as it just vanished one day

If a tree that is protected by TPO or a Conservation Area suffers storm damage, you may carry out what ever work is necessary to make it safe without delay. The work must be the minimum required to make the tree safe and any additional work will require an application to the Council. You must inform the Council at the first opportunity if you have carried out work on a damaged protected tree, or if a protected tree has been blown down in your garden. You a may be required to replace a protected tree that has been blown down or felled.
It is important to remember it is your responsibility, if challenged, to be able to prove that any work you have carried out on a protected tree was essential to make the tree safe. Therefore, it is a good idea to make a photographic record of storm damage to protected trees prior to felling or removing them.

From

Maybe some councils have more sense than others or maybe they've just wised up a bit since then.

[Mr.James]

I was thinking about the whole 'act of God' thing but I'm pretty sure the Mrs Dad just cut it at ground level. If they wanted to mover the shed and check the stump they'll seen it's not uprooted or lightning damaged or anything.

I've been Internet digging a bit this afternoon and I've found out that a tree conservation area only covers trees that have a 7.5cm diameter, 1.5m off the floor. There's another tree in my back garden that's about the same height and it's only 6cm wide so I guess I can just the missing one was also 6cm and therefore not covered.