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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

Ana Wed 06-Mar-13 20:51:02

I can't help wondering whether some of the responses on this thread would have been different if the OP had not been Frank....wink

annodomini Wed 06-Mar-13 20:51:00

Well said, Hilda. smile

j08 Wed 06-Mar-13 20:50:26

And nobody's "ranting". #thoughtheycouldbesoon

j08 Wed 06-Mar-13 20:49:52

How can it be unpleasant?! hmm

nanaej Wed 06-Mar-13 20:47:44

HildaW smile

HildaW Wed 06-Mar-13 20:42:29

I find all this ranting about damage, trespass and demands for compensation bizarre and unpleasant. Worse case scenario is someone has made a mistake and planted a tree (which I doubt is very large) somewhere its not wanted. Where I grew up (a private house on a new estate) we each had a tree planted by the local authority at the bottom of our lawn near the pavement. They were a delight, some had sweet smelling blossoms, some bright fruits in autumn. Over the years some of the trees either died or grew to big and were taken down and thankfully replaced by something similar. A tree is a blessing, the support life and all nature is proven to add to our general wellbeing.

Frank, you have got your knickers in a twist over a tree planted in the wrong place....so what....it will get sorted. Life is a gift, it would be so much better if we could make the world just a slightly better place than when we first came into it, to love and respect each other and not nit pick just because something is not quite to your liking. Gosh, everyone makes mistakes - can you not just take this on the chin?

nanaej Wed 06-Mar-13 20:38:59

ana hardly serious trespass .. planting a tree on an open frontage where they got the border line wrong..it's a mistake! I am sure it will all get sorted & more quickly with an understanding smile rather than an angry growl!

Are we sure that hunterF did not know? We were informed when new saplings were planted own the road where I used to live but maybe like me he bins what looks like circulars and it could actually have been a letter about tree planting. I lost my info about changes to recycling days like that!

nanaej Wed 06-Mar-13 20:23:07

It would not be my choice of tree.. the story was true and QI though! Perhaps you didn't see the funny side! I thought you would have been outraged as the people entered someone else fenced of land to cut it down!

I have taken out trees and replanted ones I prefer in my current garden.. great old conifer nearly sky high replaced by flowering cherries and rowans.

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.

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!

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!

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 20:06:56

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!

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!!!

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....

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

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

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

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 19:28:50

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 19:25:12

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 19:18:05

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

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

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

You need a solicitor 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

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