2007-01-10 03:50:33 · 11 answers · asked by robthebalding 1 in Home & Garden ➔ Other - Home & Garden
Well you have lots of answers, many contradictory. I'm going to assume you're in the UK and answer on that basis. If you're not, you can probably ignore all I say. In fact, I'm going to base my answer on England - Wales is similar but Scotland could be different.
A tree is owned by whoever owns the land on which the centre of the tree stands. It doesn't matter who planted it. If you sneak into my garden and plant a tree tonight, I own it. Responsibility for the tree rests with the owner.
Boundary trees are the trickiest. If it's bang on the boundary, there may be joing responsibility. If it's a boundary with the highway, then the frontager (the owner of the land fronting the highway) is responsible for maintenance, although the highways authority have a general duty of care to highways users that could include at least making sure the frontager is doing what he should.
The council is only responsible for trees on council land. This includes the highway (and pavement), which is the responsiblity of the highways authority - in "two tier" areas this is the County Council.
The coucil is unlikely to have records of land ownership for land other than that which it owns or has owned in the past. HM Land Registry is the place to go to find out who owns a plot (http://www.landregisteronline.gov.uk/). Furthermore, the council has no obligation to get involved in finding out who owns land or sorting out boundary disputes and most council's will not do so. So contarary to many answers you've had, in England at least, the council will be no help to you unless it is actually on their land.
The one caveat is that if the tree is imminently dangerous, the council do have the power to intervene (Local Government (Miscallaneous Provisions) Act 1976, s23). This power is very limited and the tree has to be pretty dodgy and a fairly immediate threat.
HTH
2007-01-10 06:46:56 · answer #1 · answered by Chris H 2 · 0⤊ 0⤋
1
2017-01-22 10:13:32 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Depends on the circumstance. Is it boundary dispute with a neighbour as to who owns it? The council provide chartered surveyors to settle things like that. Ask them, say that you are unclear as to where you boundary is and they will come and measure from their plans (far more accurate than your Land Registry documents).
If the tree is in a field or something next to your house, you solicitor will be able to do a land search for you (for a fee) to find who who owns the land, and thence the tree. If you are lucky, that information may also be available at your local council office, for a (smaller) fee you can view thier microfilm records.
If the tree is overhanging your boundary you have a legal right to cut it back to the boundary line, the part of the tree which overhangs is seen as your property.
2007-01-10 04:03:17 · answer #3 · answered by pixiefeet@btinternet.com 2 · 0⤊ 0⤋
Get the address of the property and go to your county assessor's office. They can tell you who owns the land. The land owner is responsible for the tree. In most states, any part of it hanging over a property line becomes fair game for the adjacent property owner.
2007-01-10 04:14:53 · answer #4 · answered by Combatcop 5 · 0⤊ 0⤋
If it's inside the city limits, contact the city (probably will have to call a couple different places until you get the right office).
My Dad had some trees out by our street and he come to find out that the city planted them some 70 years ago. They were rotten and needed to be cut down. The city came out and cut them down and ground down the stumps, all for free.
So, don't assume just because they are on your property that you own them.
2007-01-10 04:02:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
find out who own the land. who ever owns the land the tree is growing, they are responsible fot the tree
2007-01-10 03:57:58 · answer #6 · answered by Ro! 3 · 0⤊ 0⤋
You would need to check the property's land survey to see who's land the tree is on. You should be able to do this at your Town Clerk's office.
2007-01-10 03:59:35 · answer #7 · answered by Jennifer 2 · 0⤊ 0⤋
local council, but it is usually the owner of the land that has responsibility, if in a field or garden or hedgerow, then it may well be a responsibility of the council.
2007-01-10 03:58:57 · answer #8 · answered by mike-from-spain 6 · 0⤊ 0⤋
Okay, hun you didn't say whether or not its on your property line.... So, I'm going to assume it is.. And suggest to you to call the Building & Coding people to see where your property line is, and take it from there..... You could even look it up on Yahoo's yellow pages, for their phone number..... Or call the city people where you live and ask them to direct you.... Good-Luck, to you...
2007-01-10 04:15:04 · answer #9 · answered by Hmg♥Brd 6 · 0⤊ 0⤋
Find out who the legal owner of the land is, you can this with http://www.landownershiponline.co.uk/
2014-07-24 03:47:45 · answer #10 · answered by Anonymous · 1⤊ 0⤋