How can we find out who is responsible for a tree which is threatening to fall onto our property?

Question

We have already conducted a land registry search and the office copies state that the land on which the tree stands was registered to a person over 70 years ago. It appears that this person may have been a property developer who subsequently sold the land now belonging to ourselves and our neighbours. The land where this particular tree stands, although registered, is subject to rights of way, mainly for access to the back of properties etc. Because of the location of the tree, on the edge of a riverbank, it forms part of land which has never been maintained by either ourselves, neighbours, or previous owners. We have already established that it is not the responsibility of the Environment Agency. It is almost certain that the original registered landowner has since passed away and the land has long been forgotten. Is there any way we can pass on responsibility to anyone else or will it simply be acquired to us due to the presumed right of way that now exists?

Answer 1

If it's in a Public right-of-way then your local city / county government would be responsible for maintaining the property. If the right-of-way belongs to an invidual(s) like you and your neighbor you would be equally responsible for maintaining the property.

Answer 2

You say "It appears that this person may have been a property developer who subsequently sold the land now belonging to ourselves and our neighbours."

There's not a deed of trust or anything like that for the property? If the tree sits on an easement, the tree will still "belong" to the parent tract. I guess I'm not understanding this...you've said that belongs to you or a neighbor, that it belongs to someone who's likely dead (in that case his interest went to his heirs), that it has access easements AND is on a riverbank. And you say there's an implied easement.

I assume you've looked at the county tax rolls, right?

Need more info/clarification

Answer 3

instead of faffing around, if no one is obviously maintaining it, go out with a felling saw and make a v-shaped cut on the trunk on THE SIDE YOU WANT THE TREE TO FALL ONTO. Then go to the opposite side of the trunk and start sawing through approx 6 - 12 inches higher than the first cut. The tree will then fall onto the side you made the first cut in. If anybody says anything, tell them you tried tracing the landowner but found it impossible, and you were worried about the tree falling and possibly causing harm / damage. Usually you will find if the tree does fall and cause damage or injury, insurers wont pay out

Answer 4

in many circumstances, whether, in circumstances the place trees belonging to one domicile proprietor fall on and injury or destroy adjoining property, the tree proprietor is in basic terms in charge for injury if some failure to maintain the tree contributed to the wear and tear. If the wear and tear grew to become into fullyyt the end results of a thunderstorm or act of God, the tree proprietor isn't in charge, because of the fact the wear and tear could no longer have been foreseen. If a tree limb looked precarious and the owner did no longer shop the tree after warnings, the owner might possibly be in charge for ensuing injury while a hurricane reasons the limb to fall. If, whether, the tree grew to become into nicely maintained and a hurricane reasons a tree limb to crash right into a neighbor's roof, the tree proprietor isn't in charge. If the tree proprietor helps the tree to strengthen so as that it uproots the fence, it may be seen an encroachment onto the adjoining property. In that occasion, the tree proprietor may be required to eliminate the offending tree. A boundary tree is one planted on the boundary line itself and should no longer be bumped off without mutual contract. Leaves which fall off and finally end up on adjoining property are seen a organic prevalence and are the accountability of the landowner on whose property they ultimately come to kick back.

Answer 5

You have answered your own question.
You say the developer sold the land now belonging to you and your neighbours and it is now your responsibility.
The matter rests with either you, or in concert with your neighbours, but you should make sure that there is no preservation order in force on the tree from the local authority

Answer 6

look mat it this way someone owns the property so... if the tree falls on your house or dameges your property YOU get a paycheck so i wouldnt complain.

Answer 7

COUNTY TAX ASSESSORS OFFICE SHOULD BE ABLE TO GIVE YOU PROPERTY INFO.