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Original poster

Cut down tree with TPO - help!!

111 replies

Expelliarmus88 · 25/10/2022 13:05

Hi
We have just found out there was a tree in our garden that had TPO but we were never informed when buying the house. We did the garden years ago and don't even know if this tree was part of it but there are no trees in our garden anymore. Its come up now we are selling the house - what do we do ??
Thanks a lot!

OP posts:
Original poster
Expelliarmus88 · 25/10/2022 15:41

@Barney60 thank you - just looked at it and there are no trees shown on it unfortunately. The house was built in the 60s if it helps. How do I find out when the TPO came into effect please ?

OP posts:
Phrenologistsfinger · 25/10/2022 15:42

I hope that they fine you double!

BirmaBrite · 25/10/2022 15:42

If the tree surgeon is qualified and there was good reason to remove the trees, will they not have applied to the council to remove them ? Even trees with TPO's can be felled for specific reasons. Might be worth checking with the planning department at your local council. Also are you absolutely sure the tree with the TPO was on your land and not on the boundary ? Are there trees on your boundary ?

Sally090807 · 25/10/2022 15:42

Do you have the estate agents details from when you bought the property with the house, room, garden photos etc, this will show you what was in the garden.

astarsheis · 25/10/2022 15:43

@BlodynGwyn I hope you are not actually Welsh with a name like that.
All my Welsh friends and husband are lovely...you're just an arse 🙄

Clymene · 25/10/2022 15:47

BirmaBrite · 25/10/2022 15:42

If the tree surgeon is qualified and there was good reason to remove the trees, will they not have applied to the council to remove them ? Even trees with TPO's can be felled for specific reasons. Might be worth checking with the planning department at your local council. Also are you absolutely sure the tree with the TPO was on your land and not on the boundary ? Are there trees on your boundary ?

What was the good reason? Confused

DeeofDenmark · 25/10/2022 15:48

A few people are saying if no one told you about the tpo then you are ok. I’m not sure this is true as ignorance is not normally a defence. We are all obligated to know the laws that apply to us. I don’t have much sympathy in this case as you clearly felled several trees with no regard to the environmental impact. You will have killed lots of wildlife.

DullAndOvercast · 25/10/2022 15:50

I'm not sure it matter when the TPO came into effect - just that it was there.

If it was put in after you bought council would have let you know otherwise it should have been with the paper work of buying.

www.northampton.gov.uk/info/200207/heritage-conservation-and-trees/1484/trees---frequently-asked-questions-about-protected-trees

I image your local council will have a similar page - but you should talk with your solicitor as soon as possible.

Waveacrossabay · 25/10/2022 15:52

@DeeofDenmark I thought it was always the home owners responsibility to check everything. I mean you own the land you're responsible for what's on it. Including tpos

Fireballxl5 · 25/10/2022 15:52

Sorry @Expelliarmus88 but you have cut down lots of trees without even trying to educate yourself on what they were and how old they were.
You have a little one and presumably are worried about climate change and the environment yet didn't give it a thought when you were levelling your garden.
The house may have been built on a plot with old trees already there which had to be left as part of the planning permission.
I'm sure you won't be fined but please learn from your mistake and cherish your future trees.

DullAndOvercast · 25/10/2022 15:58

I would have though a qualified tree surgeon would have checked verbally or in writing that there were no TPO - just to cover themselves - so may be worth finding any paper work signed.

I'm not sure it's their responsibility to check with council - as I image it's expected landowner would know - but they may have to cover themselves or got OP to sign something that makes it clear it was landowner's responsibility to check - so if still have paper work may need to find out and check.

I'd see if the council has any FAQ page - and take legal advice - as very least the trees may need replacing.

Fushiadreams · 25/10/2022 16:06

Treecreature · 25/10/2022 15:35

Oops. You'll not get wrong at this stage - the legal department will want a bullet proof case before prosecution - they can't prove it didn't get blown to bits in a storm and was subsequently removed. Tree officer might be peeved with you, but the legals wont take it on. I deal with TPOs day in day out, a huge percentage are out of date and list trees felled years ago.

This is illogical. If she took a lot of trees down it’s very hard to argue she left that one and it fell over. I mean cmon.

2bazookas · 25/10/2022 16:30

" Tree what tree? There were no trees when we came."

Unseelie · 25/10/2022 16:36

OP speak to your lawyer and ask them to arrange indemnity insurance asap. I’d be surprised if the chain collapsed over this but someone needs to get insurance that covers both you and your buyer. I wouldn’t bother chasing the tree surgeon I don’t see that going anywhere helpful. It isn’t his fault, what should have happened was ther when your purchased the property, your then-solicitor should have warned you specifically about the TPO. But it’s always a good idea to double check before hiring a tree surgeon, as you now know.

It will be ok, just get insurance asap.

WelcomeEverythingIsFine · 25/10/2022 16:36

Check your searches from when you bought the property. If it wasn’t mentioned on those, you may have recourse through their insurance as you were genuinely unaware. It should be in the land charges section (LLC1).

Original poster
Expelliarmus88 · 25/10/2022 16:43

@Unseelie and @WelcomeEverythingIsFine thank you so much
I'll check the LLC and contact previous solicitors if need be

OP posts:
ZooTropia · 25/10/2022 16:58

Expelliarmus88 · 25/10/2022 13:43

@Collaborate thank you. I don't think we have photos sadly. I'll have a look!

Get a photo and photo shop it 😉

Original poster
Expelliarmus88 · 25/10/2022 17:02

@WelcomeEverythingIsFine so the LLC says no TPO! ...surely its their fault now !?

OP posts:
elephantseal · 25/10/2022 17:03

backinthebox · 25/10/2022 13:51

Weird how on MN when a neighbour cuts down a tree with a TPO on it people are baying for the neighbour’s blood but when a poster asks for advice on how to avoid being fined for breaching a TPO everyone’s offering suggestions on how to pretend the tree just disappeared mysteriously. TPOs are generally put on large trees, old trees, or notable trees. I think it’s worth noting that if you have a big, or old, or impressive, or rare tree in your garden, it will probably have a TPO on it. It’s very easy to check with the council if you have any TPOs in your garden and well worth checking before cutting any tree down. However, if you chopped a tree down without checking I think you have to own your own problem.

Just what I was thinking! People are weird.

Catmummyof2 · 25/10/2022 17:07

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

WelcomeEverythingIsFine · 25/10/2022 17:10

Ah interesting. It’s worth reading the whole search including the T&Cs incase it specifically excludes anything. Lots of info about them here: www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas

If you go back to the lawyers who you bought the property with, they should be able to look into why the TPO wasn’t revealed and if there is any recourse.

Inthisissue · 25/10/2022 17:16

I had sympathy until I read that you cut all your trees down because you were burgled?? I just can't imagine that being the first thought that came to mind and I say that as someone who's been burgled and has an acre of beautiful vast trees . Didn't even cross my mind, I think it's tragic that you just had them all lopped down I truly do.

HammerheadCorvette · 25/10/2022 17:16

Some tree surgeons don't give a shit about TPOs. The my neighbour uses doesn't - he's been back to hack at their TPO tree a number of times, I've told him all the trees in the conservation area have TPOs on them, and they hadn't applied for planning permission at any point.

Fushiadreams · 25/10/2022 17:17

Expelliarmus88 · 25/10/2022 17:02

@WelcomeEverythingIsFine so the LLC says no TPO! ...surely its their fault now !?

Did someone put it on since you bought it? It doesn’t need to be the owner

UnbeatenMum · 25/10/2022 17:18

My friend had a TPO tree that died and they had to plant a new one. I think there was a list of permissible species they could choose from and some paperwork to do with the council. Maybe you could do this? I guess there might be a fine as well but at least if the tree is replaced then the next owners will be ok.