tree preservation problem

anyone help with this problem? - scenario -
large tree on small piece of land adjoining my property has fallen and crashed into my garden doing extensive damage. No-one locally seems to know who owns the strip of land and I am endeavouring to ascertain ownership via Land Registry etc., My insurance company is dealing with my claim. However, there is another tree standing next to the fallen tree which, if it also fell, would fall in exactly the same place doing the same kind of damage. The trees don't appear rotten (apart from a few dead branches) but are on a small shallow bank and appear to have slipped. Can I legally fell the second tree before it falls and if the Preservation Dept puts a preservation order on the tree does that mean that they then own the tree and become liable for any damage it may cause in future?
This second tree could become a problem should I wish to sell my property. Any advice would be appreciated.

 

Hi randkell,

First and foremost you definitely should not fell any tree with a preservation order. The fines for doing so can reach up to £25,000 and in certain circumstances a custodial sentence can be imposed.

Ring up your local council and ask to speak to their tree officer. Arrange a time and date for the TO to visit the site and voice your concerns. The TO will be able to check the tree's health and also assess whether it will be likely to fail. If there is reason to suspect that the tree does cause concern to people of property the TO can allow work to be carried out under strict guidence. Whoever owns the tree will have to arrange for work to be carried out once permission has been granted.

 

thank you all for your input. First thing I did was ring council as strip of land is between edge of road (no pavements here!) and fence at bottom of slope along edge of farm field and I thought they would own it. Council came and said nothing to do with them. Owner of the field said not theirs either. Will wait to see what Land Registry comes up with, then write to District & County Councils to see what they have on records. After that??? Presumably this dilemma applies to any roadside strip of land that has trees on it. Never gave it a thought before, just assumed somebody owned them or was responsible for them.

 

Would you like to own the piece of land?

 

i think you could still get the tree officer to have a look if your concerned. Im sure if you tell them your worried and that fnding who own the land is proving difficult. He may put your mind at ease, tell you why the other fell and explain why the other may be perfectly safe. If the news is bad and tree is unsafe, insist the council find the owner or make it safe in the absance of an owner. Im sure once its declared dangerous the council wont simply leave an accident waiting to happen purlely because they cant find the owner.

If it were me Id get the tree officer out IF they wont come because your not the owner I would tell them I was the owner and act stupid after getting the verdict.