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Question about shared area pls?

(9 Posts)
MirandaGoshawk Sun 12-Jun-11 14:32:56

I live in a small terrace. At the back there's an allocated parking space each (which each house owns), and a central turning area, which is owned by No. 3, but we all have the right to 'pass over' it.

Now it seems to me that the 'ownership' was randomly and arbitrarily allocated; No 3 has no more right over it than anyone else and can't, for example, build a shed on it. We are all responsible for its upkeep.

At the edge of the turning area is a large and fabulous willow tree. My parking space comes under it, as does No 3's, and I am prepared to put up with a few leaves/bit of bird poo on my car in order to have such a fab tree to look out at. No 3 has, however, decided that he isn't and has declared his intention of cutting down the tree.

Does he have the right, or do we all have a say?

(I have rung the council, who say they won't put a TPO on it because it can't be seen from the road & therefore 'enjoyed' by the public).

Collaborate Sun 12-Jun-11 18:03:32

My guess would be that because they own it, they can cut down their tree.

MirandaGoshawk Sun 12-Jun-11 19:45:42

Do you think so? sad Thanks for replying.

SarahHillWheeler Mon 13-Jun-11 13:08:05

As they own the actual land, provided that their actions don't interfer with your right to park and turn, I'd have to agree with Collaborate. However, bit less sure about the TPO. Visbility to general public is one factor authority should take into account. But again am guessing that unless it is an exceptional tree it won't get a TPO - you might want to look at www.communities.gov.uk/publications/planningandbuilding/tposguide but basic line is it's not enough just for it to be a nice tree. A pity as I am sure it sounds a lot nicer than just a stump in a turning circle.

Collaborate Mon 13-Jun-11 13:34:45

We've recently bought a house that was in the process of having a TPO placed on one of the trees. Originally they wanted to do 2 (the other being a non-native tree planted 20-30 years ago) but were persuaded not to.

A number of other neighbouring trees were also TPOd. Most of them are in the back garden. The guidance SarahHillWheeler pointed out that in exceptional cases a TPO can be made even if the tree isn't visible from the road. Just my bad luck then, though we have no intention of cutting down the trees anyway.

MirandaGoshawk Mon 13-Jun-11 21:19:44

Thanks for your info. I'm not working tomorrow and so can spend a bit of time on this. I had been prepared to accept it being chopped down, seeing as he seems to BU, but now I am hopping mad - the tree has been there since, oh, prob since before cars were invented, and it's going to be sacrificed for a little tin box that will be history in ten year's time. Over my dead body!

Collaborate Mon 13-Jun-11 22:22:30

You could alert the LA and they might agree to slap an emergency TPO on it until they decide whether to make it permanent.

MirandaGoshawk Thu 16-Jun-11 18:51:07

Update - the lovely Tree Officer (or whatever his official title is) came out today. The bad news is that he didn't think a TPO would stick, but the good news is that he talked to both No 3 & the owner of the adjacent land, (tree is on the boundary) going back & forth until he had sorted out a way between the two of them so that No 3's car isn't parked under the tree.

So there's some legal stuff to be sorted, the two parties have to put it in writing, but fingers crossed. I could kiss that man. Will defo write & thank him.

Thanks to you all for your advice.

Collaborate Thu 16-Jun-11 21:22:19

Good news.

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