Purchased a House with TPO, advice needed

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    Purchased a House with TPO, advice needed

    Hello, I recently purchased a house that had TPO (Tree Protection Order) on it (around 6 protected trees in total and protected since last 5 decades) out of many trees. I knew some of the TPO trees was missing before the purchase and hence the solicitor arranged for a TPO indemnity insurance during the purchase. Now that I have moved in a month back, I want to take down those trees which doesn't have a TPO. The main clause in Indemnity insurance is that I shouldn't inform council of the missing TPO trees otherwise the insurance gets invalidated.

    My dilemma is if I inform the council that I am taking down trees which are not under TPO, they might come around one day, look at the place and say that I have taken down TPO trees and fine me. Or one of the neighbours tips the council that I am cutting trees under TPO without knowing what I am cutting and they come around for inspection.

    If I go to the council saying I am going to cut some trees that doesn't have TPO, my insurance might get invalidated even though I did not inform the council of TPO trees not present.

    The situation is haunting me, as there are too many trees in this otherwise beautiful property.

    So what do I do, (options)
    1) Get a certified gardener of some sort to do a survey and have him give me a report with an inventory of what trees is present in the property and which come under TPO tree and that don't and keep that as a record in case council questions me later.

    2) any other options/suggestions please ?

    #2
    Let the neighbour report you if he wishes, surely? Then you have not informed the council yourself, and so not invalidated your insurance.

    (Whole thing sounds like a clusterfunk, frankly.)
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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      #3
      You can do what you want with trees not covered by the TPO

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        #4
        Take photos, date stamped, before and after in case there are later arguments
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          #5
          Originally posted by theartfullodger View Post
          Take photos, date stamped, before and after in case there are later arguments
          Shame if in removing nonrotected trees protected ones were inadvertently damaged....
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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            #6
            You should have told the council about the missing trees with the TPO when you moved in - then they'd have known it wasn't you who removed them.

            Tell them now and confirm that you knew they were missing hence the insurance, so they can act on the person who removed them.
            They might, quite rightly, question why you didn't tell them before.

            They may well put a preservation order on the remaining trees.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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              #7
              Seems a strange kind of insurance which has a condition that you don't tell the authorities that a criminal offence has been commited?

              Trees under a TPO may be felled without requiring consent if they are dead, dying, or have become dangerous.

              If that wasn't the case then the person who felled them has commited a criminal offence.
              However the liability for breaching the TPO does not pass to a subsequent owner of the property, the new owner does usually though have an ongiong liability to replant to replace the missing trees.

              See this:
              https://www.lodders.co.uk/tree-preservation-orders/

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                #8
                Not advice but: My house has trees with TPOs - they are a 'Public Amenity' - so I pay to have them pollarded so the general public can enjoy them! The council land opposite also had trees with TPOs on - but they were all cut down when the Council wanted to sell the land for development!!

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