Tree removal - deeds

[FeatherPillowFight]

I'm currently looking at purchasing a property that has very large conifers in the garden - twice the size of the property property in height.
If we go ahead, I would like to remove these ASAP but there is a clause in the deeds saying we cannot remove trees that were planted when the house was built. The house is currently empty but the vendors say they do not know when the conifers were planted. The house builder closed in 2010 so they cannot be contacted.
My solicitor thinks this would be low risk but does anyone have any experience?

LEAVE THE TREES ALONE!
FFS!

Don’t know the answer to your question, OP sorry but do have a question of my own! Have you looked into the costs of tree removal yet? There’s a large conifer at the house we are buying and we intend to remove it.

Just chop em down & replace them with something nicer, like cherry trees.

Conifers are absolute thugs with few redeeming features.
Better to have them removed and re-plant with something else that is more manageable.

OP, if you do have them removed, take professional advice on the effect that the roots may have had on your house - a friend of mine had to have their house foundations underpinned after large trees were removed as it caused soil shrinkage. Their house was Edwardian on traditional foundations though, not on a concrete raft.

Isn't it a bit unusual to require owners to retain conifers - were they planted to protect someone's privacy or do they mark a border? Just wondering who would complain if you replaced them with smaller trees.

Ugh, most conifers planted in gardens are awful trees which do bugger all for the environment. I chopped several very large ones down in my garden. I replaced them with native trees that are far more beneficial to local wildlife.

OP, do you know how old the trees are? You can check to see if they are there on google earth historical images. Info below. I assume you have checked there is no TPO. If you remove the trees will it bother anyone ( I assume you aren't in sandbanks😅 )

"To get old satellite imagery, you require the desktop version of Google Earth.._ Although Google Earth displays current imagery automatically, you can also see how images have changed over time and view past versions of a map. Just go to Google Earth and enter a location in the search bar. Click on view and then on ‘Historical Imagery’ to see the image you want for a particular time"

Yes I have! The best quote is £1000 but there are 5 to remove! Hope that helps!

This would be ideal!

@DotBall Thank you. I'm choosing to ignore the very rude quote. In an ideal world, this wouldn't be necessary but there is indeed a root heading straight for the house.

I don't know anything about soil shrinkage so will look into this!

I'd start by asking the council.
You don't want to pay to have them cut down and then pay a hefty fine on top of that!

I'm not sure when they were planted. The vendors haven't been helpful throughout the process unfortunately. If they were planted post sale I think we're ok. I'm not sure how the LA would know. There is nothing on the LA search.

@OuchitHurtstoomuch that's really helpful thank you. The house was built in 1998 so that's the date we're looking back to!

This is my fear - it's expensive enough to get them removed 😂

You can check for Tree Protection Orders on the council website. What exactly does the title register for the house state about the trees? Can you post the text here?

If you can find the original planning application for the house you might find that it was condition of the permission granted that the trees weren't removed and they may be detailed in the documents that form the application.

There is definitely no TPO. I have contacted the council but I'm not expecting a quick response!

This is the wording:

1. not without previous consent in writing of the transferor and the LPA to cut down or damage or allow or permit to be damaged or except in the course of good husbandry to cut lop or trim any tree shrub or hedge now growing or to be planted by the transferor upon the property or on any adjoining neighbouring property.

It does help, thanks very much! The tree we are going to destroy interested in removing is only as tall as the guttering so happy to pay 1/5th 👍🏼

Conifers are pesky buggers. I had them lining my drive when I moved in and eventually had them cut down a few years ago. Last year, we did an extension and found that the roots were literally inches away from our foundations. I dread to think of the damage they'd have caused left for a few more years.

We didn't get any permission, and we've never had anybody raise any eyebrows. Even when we submitted for planning permission for the extension.

Did you deliberately ignore the part where the OP said they were twice the height of the property?

Conifers can cause huge problems to the foundations of a house I’d planted too close to the house

I very much doubt the builder will have planted conifers, more than likely a previous owner for privacy. In my old house the developer planted a tree in every front garden, but they were “proper” trees such as cherry trees and crab apple trees which as they matured looked really nice.

Conifers have no redeeming features, people plant the as hedges because they grow fast, but unfortunately the growth doesn’t have an off switch when they reach the desired height, and very few people maintain them properly

It depends what sort of conifers you're talking about, doesn't it? Not to mention the size of the garden and the position of the trees.

A row of leylandii - crack on with the chainsaw. A lovely cedrus deodara or similar - leave well alone.

As your not going back to far the easiest way to look is google earth history function and see what's it shows as you go back in time.
I would also look at the original planning permission for the site (should be available online for that date) as that will give you a clue to why that exists and if there is a way round it. Often they say trees can only be removed if they are replaced with something else.

What is behind the trees? Is there a neighbour? If so i'd speak to them and see how they would feel about the trees being removed first, and any other neighbours whose view would be affected too. If all the neighbours would like the trees removed too then you're a lot less likely to have someone kick up a fuss and try and get you in trouble :) You might find that another neighbour has already removed theirs too.

Just a reminder that it's best not to remove trees in bird nesting season, so ideally you should wait until September in case there are any birds nesting in there too :)

It's a main road - I think they were probably added for sound reduction but it has no impact according to the tree surgeon, as the branches don't start below the fence!

So you have sought advice from a tree surgeon which is good. I would have suggested it depending on proximity to the property as too close and you are at risk of land heave resulting in subsidence without taking them down gradually.

I would agree with the solicitor that it is low risk and given the height of them, is likely to be sensible to prevent damage to your property to neighbours. Conifers are awful, the one hedge we have of them (and not too high) has reduced the soil to utter dust in which nothing will grow. I hate them

It appears you need written permission from the transferor (prior owner) and the LPA (Local Planning Authority) before cutting down the trees. Have you asked for it?