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Council has planted tree on my land.

(159 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

nanaej Wed 06-Mar-13 18:08:05

simly =simply

Nonu Wed 06-Mar-13 18:11:27

How true Naneaj . smile

Ana Wed 06-Mar-13 18:22:44

nanaej, would you really not object if council workers came into your garden while you were out, dug a big hole and planted a tree which you didn't want? confused What if they'd installed a dog-poo bin? Or a bus stop....

annodomini Wed 06-Mar-13 18:24:39

The cost of a tree wouldn't impinge on anyone's care - they are separate parts of the council's budget. I think it's generally agreed - in another thread - that trees are beautiful and life-enhancing. Do you know what kind of tree it is, Frank? Is it going to grow into a giant? Or is it a small to medium kind of tree? Do you even know or care? Or are you just offended no matter what?

Galen Wed 06-Mar-13 18:44:48

Perhaps it a version of G andSs green grocer tree, but a social worker variant!
Imagine Frank being invaded by loads of baby social workers swarming all over him!

HUNTERF Wed 06-Mar-13 18:51:10

Hi annodomini

It is a maple tree and a neighbour has said it could grow a lot over the next 50 years.
It could certainly damage my drive and the roots could raise the pavement over time.
If I ignored it and if I wanted to put something else there in say 5 years time will the council take it away when it is established?.

Frank

glammanana Wed 06-Mar-13 18:55:11

Do you not have a wall around your garden defining the boundary,in most area's the verge area is part of council land and they have the job of maintaining it,well that is how it works with our council,they have obviously not entered through a private gate to plant it have they ? trust it to be your land that they planted it on they should have gone next door really.

annodomini Wed 06-Mar-13 19:00:28

There are many kinds of maple. One of mine is small and looks like a little green Mongolian yurt when in leaf; the other is taller (but won't ever be enormous) and has beautiful dark red leaves which turn brighter red in the autumn. A neighbour has a yellow-leaved one.

HUNTERF Wed 06-Mar-13 19:06:11

glammanana

I do not have a wall.
If the council workmen had got a copy of my land certificate and measured from my house to the edge of the garden they would have realised the land was mine.

Frank

j08 Wed 06-Mar-13 19:06:49

Nanaej and Nonu, if you were my neighbours would you really not think twice about coming onto my garden and planting a tree there? confused

#strangeworld

j08 Wed 06-Mar-13 19:07:41

You need a solicitor Frank.

Galen Wed 06-Mar-13 19:10:21

No he doesn't! He needs to learn to love his tree and talk to it and hug it every day!smile

HUNTERF Wed 06-Mar-13 19:18:05

Hi j08

I am hoping the council will take the tree away and restore the land to what it was like before and pay me the £200 per day rent without the need for a solicitor.

Frank

annodomini Wed 06-Mar-13 19:25:12

I imagine that the council's answer to that fatuous demand for £200 per day will be a big fat raspberry.

HUNTERF Wed 06-Mar-13 19:28:50

Hi annodomini

I think that may be the case but they should have not planted their tree on my land if they did not want to pay my charges.

Frank

annodomini Wed 06-Mar-13 19:35:30

A good case for going to the local press, Frank. You could become a cause célebre. grin

HUNTERF Wed 06-Mar-13 19:40:58

Well I think Andie will pick his back leg up by the tree tonight.

Frank

granjura Wed 06-Mar-13 19:46:55

So you are allowing your visceral hatred of officialdom to be taken out on a ... tree smile. What sort of tree is it? Don't destroy it, but plant it elsewhere where it is no bother to you and will be an asset to the community- and make sure you nurture it until established. Why take you anger out on a tree- we need trees smile

nanapug Wed 06-Mar-13 19:52:20

Where did you get the £200 pounds from HUNTERF? Was it just your own calculations or a specified amount fixed by the council for when they put a tree on private land in error? Also, you haven't answered my previous question as to why you are so averse to having it there. I am intrigued....

POGS Wed 06-Mar-13 19:59:10

Frank

I agree with jo. I would be livid.

There is a serious side to this. The majority of Household Insurance Policies 'ask' what trees are located near to or on your property. If you have declared any information on your present policy it could become a problem.

It has nothing to do with liking trees for heavens sake. Trees can be a major insurance issue, cause problems with roots, keep out sunlight, require proper maintenance (who will pay), neighbours can fall out with you.

I would try your parish/ local council members for advice and I would send a letter, recorded delivery to the Head of the County Council. I wouldn't worry about being called a misery guts, just make sure you DO own the land!!!

nanaej Wed 06-Mar-13 20:06:56

I would not plant anything in anyone else's garden without permission. But if a genuine error was made and something was placed or planted in my garden I do not think I'd get het up until I had explored possible resolutions to the problem.

I would not be demanding rent money..that's weird!

I have a far more disturbing story than Frank's little new tree!

Treegate: A friend came home from work and went into the garden of her terraced flat to have a ciggie. It all looked a bit different! The large sycamore tree had gone! There was no sign of it at all! She reported the tree as stolen at her local police station!
She contacted her landlady, who is also her friend, but she had not arranged to any tree removal! Landlady contacted the owners of the adjoining properties to both sides and the back. The housing association that owned the house at the back said they had arranged with tree fellers to remove the tree, which the tennants had said was in their garden! Tree fellers had climbed over the fence and cut the tree down!
Solicitors (my brother) got involved and a year or so later an out of court settlement was reached for the loss of the tree!

Ana Wed 06-Mar-13 20:09:32

Well said, POGS. What if they'd put a lampost in Frank's garden? It's about trespassing on private property, not someone being fussy about what type of tree it is! If you're absolutely certain the land is yours, Frank, I think you have every right to demand that the council restore it to its former state.

nanaej Wed 06-Mar-13 20:14:11

There are tree officers in councils who know all about roots..they plant trees now that will not be a threat to buildings because they have been sued to buggery because of very old trees plated ages ago causing damage!
I really dislike the attitude of people who see a profit for themselves 'Oh good a mistake..how can I benefit?

If it was something truly dangerous ..like a hole being dug without proper fencing /lighting and an injury results that is different..this tree stuff is nonsense!

j08 Wed 06-Mar-13 20:14:46

Can't understand anyone mourning the loss of a sycamore Nanaej. If you've got one of those near your garden - watch out! You could soon have a forest!

Ana Wed 06-Mar-13 20:19:12

It's not nonsense, nanaej! It's about trespass and damage to Frank's garden! I agree that the idea of compensation isn't something I'd be looking into, personally, but I'd be extremely annoyed at the council's high-handedness in their assumption that the land belonged to them. Even if it did, the proximity of Frank's garden to the site of the tree should have prompted them to at least consult/inform him of their plans.