Buying a Tree with a House in the Garden?

Advice for new homeowners and their solicitors

So you've found the house of your dreams.... but what about the garden? Did you notice the trees? They may be in the garden of your new property or growing on land beyond the boundary.

Attitudes to trees vary throughout the world. In the USA for example, mature trees increase property values. In Germany people enjoy living in close proximity to them. In this country, ill informed media articles can lead to unnecessary concerns. Trees can affect your future enjoyment of your property and garden and this information is designed to make you aware of the possible consequences of living with trees protected by a tree preservation order or in a conservation area.

The Legal Bits

Following your local search your solicitor should ask for a copy of any Tree Preservation Order affecting your property. They will be able to show you the date the order was made, the plan and the schedule (where the protected trees are listed) and should be able to explain the consequences. Trees may be protected and shown on the plan individually (a circle), as a group (a dashed line), as a woodland (a solid line) or enclosed within an area of continuous dots; the dots do not indicate individual trees).

Your house will not necessarily appear on the plan if it was built after the order was made. Although there may be no trees on your property it may be affected by protected trees growing on adjoining land. Your property may be situated in a Conservation Area, this will also be revealed on your search and a similar level of protection will apply.

Can I fell or 'top' protected trees?

Anyone can apply to the Council for consent to fell or prune protected trees. Each application is considered on its merits. A tree preservation order is a statement by the Council that the tree is intended to remain unless there is a justifiable reason for its removal. An assessment will be made of the effect of the proposals on the health and appearance of the tree. Certain procedures are considered unacceptable - topping is one of them. An application for tree work will take approximately 6-8 weeks for a decision to be issued.

If you do not believe you can live in your proposed new home without major tree removal, then you may wish to reconsider. You are not just buying the house - you are also buying the trees. They come as part of the package, not an optional extra!

I'm a keen gardener - how will the trees affect me?

• Trees are naturally growing, shedding organisms. Leaves, twigs, fruit litter, pollen and dead branches are a normal consequence of living with trees and are not justification for felling or pruning.
• Trees cast shade, which will increase as they grow. Evergreens cast shade all year round and leaf litter decomposes slowly.
• Deciduous trees produce lots of mulch.
• Lawns tend to be patchy underneath tree canopies.
• Gardening beneath trees can provide the opportunity to grow shade-loving shrubs and plants.
• It is not a good idea to situate a greenhouse beneath the canopy of a tree falling fruit and debris could damage the glass.

Will the roots undermine my new property?

Any prospective purchaser would be advised to obtain a full structural survey. If you are still concerned, you would be wise to consider another property. In practice it is most unlikely. The Council's building control section can also offer advice on trees affecting foundations.

The drive is cracking - can I replace it?

Yes - possibly, but you may not be able to:

• sever the roots of a tree
• fell the tree
• use the surface of your choice

What if a tree is dangerous?

Public safety is paramount. If the Council considers the tree to be dangerous we will recommend the appropriate course of action. Please note that a tree is not necessarily considered dangerous due to its height and spread.

Contact Us

For further information and advice about trees please contact the Development Control section on (01225) 776655 Ext 602.