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Council has planted tree on my land.

(158 Posts)
HUNTERF Wed 06-Mar-13 16:56:26

Came back this afternoon to find a tree has been planted by the council in my garden where it borders the pavement and I don't want it.
I have phoned the council and they said they will investigate the matter but it could take up to 3 months.
I have asked about cutting it down and getting rid of it myself but they have stated that would be criminal damage.
I am just wondering if the council will pay the £200 a day rent I will require and if it will replace the turf it dug up.

Frank

Ana Wed 06-Mar-13 16:59:14

If they've planted it on your land surely that's against the law?

HildaW Wed 06-Mar-13 17:01:15

Awww......what a lovely present..trees are wonderful!

HUNTERF Wed 06-Mar-13 17:03:02

Ana

You are correct.
That piece of land is mine according to my land certificate but the council thought it was a verge.

Frank

HUNTERF Wed 06-Mar-13 17:05:08

HildaW

I don't want it and it is my piece of land.
Knowing how daft the council is they might charge me for it if I don't kick up a fuss.

Frank

HildaW Wed 06-Mar-13 17:09:07

I am sorry you feel that way Hunter, having had a few really unpleasant things happen in my life I am learning to see the good in everything as best I can. Looking for the down side of everything is hard work and certainly not good for the soul.

Ana Wed 06-Mar-13 17:09:53

Threaten to sue them for criminal damage and trespass unless they remove it asap.

nanapug Wed 06-Mar-13 17:12:53

Is there a good reason you don't want it or is it just the principal of the fact that they have planted it on your land?

j08 Wed 06-Mar-13 17:15:15

If you are positive it is your land (check your deeds?) then you would be within your rights to dig it up, tell the council you have done so, and tell them to collect it. Be careful not to damage it.

And be totally sure it is your land and not the council's.

Very unusual for a council to do anything like this.

HUNTERF Wed 06-Mar-13 17:21:09

I have heard of this happening before.
When I lived in London the council took a car away and scrapped it when they thought it had been abandoned on council land.
The council said the car was worthless and the car owner said he had recently spent £3,000 on it.
I don't know what happened as far as compensation was concerned.

Frank

bluebell Wed 06-Mar-13 17:36:56

But why be horrid about it? Just live with it until they come and dig it up. They could recycle it perhaps if its dug up properly - it's not a deliberate act against you ( unless the tree planter is married to a social worker!) Fair enough to have the turf put back but how lovely to have a council that plants trees. So don't stand on your rights, be nice and accept innocent mistakes happen .

Nonu Wed 06-Mar-13 17:39:27

Why don"t you want it ? Trees are beautiful . Think of all the people in years to come who are going to get great pleasure from it .

Don"t be lugubrious Frank , not an attractive quality .

HUNTERF Wed 06-Mar-13 17:40:20

Hi bluebell

This will cost the council tax payer money which could have been spent on somebody's care.

Frank

nanaej Wed 06-Mar-13 17:40:31

Goodness this is not a really awful situation is it? No-one was injured or died!
!
OK so maybe a mistake has happened but keep calm and enjoy the tree until they remove it! No lawyer would be able to get you compensation as there is really no case to answer!

Do you not like trees HunterF or will it block a view /light? In the latter 2 cases I can see why you object..otherwise I would be happy.

j08 Wed 06-Mar-13 17:42:34

shock I would be absolutely outraged if the council, or anyone selse, planted a tree in my garden without my say-so!

nanaej Wed 06-Mar-13 17:43:19

Trees are proven to enhance the quality of living..so someone's care may have been improved by trees..I would not want to live in a barren concrete environment!

j08 Wed 06-Mar-13 17:43:45

I would have it out before you could blink an eyelid.

nanaej Wed 06-Mar-13 17:44:11

p.s cost the council more to come and remove it,do a good deed.. save taxpayers money and let the tree stay! wink

j08 Wed 06-Mar-13 17:44:38

Ger orf my land!!!!! angry

j08 Wed 06-Mar-13 17:45:17

An Englishman's home............. and all that.

Ana Wed 06-Mar-13 17:45:42

I agree, jingl! They'd probably be along to pollard it every year as well...

Nonu Wed 06-Mar-13 17:58:49

Of course they will pay the £200 rent you propose to charge . It just stands to sense .

If not, it will give you a little interest , to persue it through the courts .

All quite good fun really , await the outcome . sure you will appraise us of it.

gringrin

j08 Wed 06-Mar-13 18:02:35

That's mean!

NfkDumpling Wed 06-Mar-13 18:07:33

I agree with you Frank. It's important that they acknowledge their mistake and acknowledge the land is yours.

You can then be magnanimous and offer to save the tax payer money by keeping the tree - if it's a nice one and you like it.

nanaej Wed 06-Mar-13 18:07:38

nonu grin

I am truly glad some of the posters on this thread are not my immediate neighbours!! I'd be too scared to do anything in case it incurred a writ or simly their ire!