UKTC Archive

RE: Trees on unregistered land

Subject: RE: Trees on unregistered land
From: Philip Wilson
Date: Oct 30 2020 08:16:01
Jeff,
Presumably the neighbours' title deeds would clarify the matter if their land 
is registered.
Philip

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Jeff Mashburn
Sent: 29 October 2020 17:26
To: UK Tree Care
Subject: RE: Trees on unregistered land

Thanks Rupert!

Jeff Mashburn
Tree Officer


T: 01892 XXX XXX (Ext 4492)
E: jeff.mashburn@xxxxxxxxxxxxxxx.gov.uk
Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS
www.tunbridgewells.gov.uk

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Rupert Baker
Sent: 29 October 2020 16:11
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Trees on unregistered land

Hi Jeff, I'd agree with Jim; the footpath as a public right of way would have 
no effect/input on ownership of the land - it would be an adoption by the 
highway, so only a right of passage and maintenance, no ownership involved.  
Historically streams/watercourses were commonly used as boundaries, and as 
you say, the the middle of the stream.
Good luck with your legal team!
Atb
Rupert

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info On Behalf Of Jeff Mashburn
Sent: 29 October 2020 14:49
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Trees on unregistered land

Thanks Jim,

The footpath is a PROW maintained by the County Council, which is reluctant 
to take action over a potentially hazardous tree. They have applied the 
presumption to the footpath, ignoring the watercourse, which the adjacent 
landowner rejects. 

I'll consult our legal team (not exactly a quick process).

Jeff Mashburn
Tree Officer


T: 01892 XXX XXX (Ext 4492)
E: jeff.mashburn@xxxxxxxxxxxxxxx.gov.uk
Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS www.tunbridgewells.gov.uk

-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info <uktc-request@xxxxxx.tree-care.info> 
On Behalf Of Jim Quaife
Sent: 29 October 2020 10:43
To: UK Tree Care <uktc@xxxxxx.tree-care.info>
Subject: RE: Trees on unregistered land

Hi Jeff,
I am most certainly not a lawyer, but that presumption is common, although 
rebuttable.  I'm not sure that any feature or structure adjacent to the 
watercourse makes any difference.  In your example if the path is on the 
unregistered land I don't see that it alters the situation.  You don't say 
what the path is or who maintains it (if anyone) or if it is a public right 
of way (if so the County Council may have a record of the owner - if there is 
one). 
As ad medium filum is a presumption there is a logic in applying it as a 
presumption to your situation.  Provided that any action taken is defined as 
being in cognisance of this presumption it seems to me (as an amateur) likely 
to be reasonable.
You'll just have to wake up your council's legal team!
Jim  


-----Original Message-----
From: uktc-request@xxxxxx.tree-care.info 
[mailto:uktc-request@xxxxxx.tree-care.info] On Behalf Of Jeff Mashburn
Sent: 29 October 2020 08:12
To: UK Tree Care
Subject: Trees on unregistered land

Good morning all,

I'm wondering if anyone has much experience in applying the ad medium filum 
presumption for land (and tree) ownership?

My understanding is that for unregistered land with a path or stream, the 
owner of the adjacent land is presumed to own to the midpoint of the path or 
stream.

But what if there is a path and parallel stream, with trees growing in 
between? Is there a presumption that would apply to that central strip of 
land?

Many thanks

[cid:image002.jpg@01D6ADCB.2E633BF0]Jeff Mashburn Tree Officer


T: 01892 XXX XXX (Ext 4492)
E: 
jeff.mashburn@xxxxxxxxxxxxxxx.gov.uk<mailto:jeff.mashburn@xxxxxxxxxxxxxxx.gov.uk>
Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS 
www.tunbridgewells.gov.uk<http://www.tunbridgewells.gov.uk/>


This e-mail is confidential and intended solely for the use of the individual 
to whom it is addressed. Any views or opinions presented are solely those of 
the author and do not necessarily represent those of Tunbridge Wells Borough 
Council. If you are not the intended recipient, be advised that you have 
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printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells 
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The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC forum is supported by Bosky Trees arboricultural consultancy and 
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This e-mail is confidential and intended solely for the use of the individual 
to whom it is addressed. Any views or opinions presented are solely those of 
the author and do not necessarily represent those of Tunbridge Wells Borough 
Council. If you are not the intended recipient, be advised that you have 
received this e-mail in error and that any use, dissemination, forwarding, 
printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells 
Borough Council on telephone +44 (0)1892 XXXXXX or e-mail to 
info@xxxxxxxxxxxxxxx.gov.uk.


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The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC forum is supported by Bosky Trees arboricultural consultancy and 
Stockholm Tree Pits https://www.stockholmtreepits.co.uk




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The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC forum is supported by Bosky Trees arboricultural consultancy and 
Stockholm Tree Pits https://www.stockholmtreepits.co.uk

This e-mail is confidential and intended solely for the use of the individual 
to whom it is addressed. Any views or opinions presented are solely those of 
the author and do not necessarily represent those of Tunbridge Wells Borough 
Council. If you are not the intended recipient, be advised that you have 
received this e-mail in error and that any use, dissemination, forwarding, 
printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells 
Borough Council on telephone +44 (0)1892 XXXXXX or e-mail to 
info@xxxxxxxxxxxxxxx.gov.uk.


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The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC forum is supported by Bosky Trees arboricultural consultancy and
Stockholm Tree Pits
https://www.stockholmtreepits.co.uk




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The UK Tree Care mailing list
To unsubscribe send mailto:uktc-unsubscribe@xxxxxx.tree-care.info

The UKTC forum is supported by Bosky Trees arboricultural consultancy and
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