Who follows up on housing requirements in deeds etc?

[didds]

Not sure I've entitled this query correctly so bear with me And mods - i've asked here as it seems a more DAK query, but by all means move to legal if you see fit.

Bit of a pub chat last night which followed up on social media ... as follows...

"When we bought our first home we were told by the solicitor that if you had a tree in the front garden (planted by builders as part of rural something or other) you couldn't do away with it. When we sold up the tree was gone within a very short time. Now l walk through the estate and there are very few trees."

followed by
"The trees put in by builders / developers are usually part of the planning consent and therefore are required to remain in situ."

So I'm taking that to mean its something in the deeds.

The wider question then is when some requirement is in the deeds etc and that requirement is broken etc - who/what enforces it? And what "enforcement" is applied? I could see (maybe) that in the tree example there would be a requirement to re-implement a tree. But what about other more substantial "requirements" ? [albeit i'm struggling to think of an example now! LOL. ]

In a nutshell I cannot see that eg council planning departments have the resource to go around checking up on deeds and any peculiarities therein.


DAK?

didds

[DrBunsenHoneydew]

The Council might well have put a Tree Preservation Order on the initial planted mini-tree. There need be no mention of a TPO in deeds - it stands separately. Enquire of local council about current TPOs Tony see if any mention in their records/planning consent; they usually take a "dim view" of transgressions, requiring restitution.

[PinkDalek]

In a nutshell I cannot see that eg council planning departments have the resource to go around checking up on deeds and any peculiarities therein.

I don't know the answer to your specific question but planning enforcement issues are undertaken by the Council. I've seen case where residents report a potential breach of planning permission and this is eventually followed up or closed as appropriate. They wouldn't need to look at the deeds (Title Register/Plan) per se. They'd have the original Planning Application on record (available to the general public as well).

[88V8]

A typical case would be a stipulation about the max height of a garden wall fronting the street. That calls for Council enforcement, unless it's a private road.

Or in our previous house there was a requirement to maintain a three-strand barbed wire fence around the garden, because it was originally surrounded by grazing land. That was for the benefit of the then land owner who would have had to enforce it via the courts.

If conditions are breached, someone has to report it. Up to the Council or whoever to take action.

I would have reported the tree.

V8