Period Forests - in breach of tree felling license

[tycarregydwr]

Apologies for off-topic but I thought perhaps someone might have some ideas on this.

So, we've just discovered that the previous owners had a tree felling license to take down 30 mature Sitka Spruce, which they did. A condition of the license was that a different part of the property would be stock-fenced and replanted with native species to a certain density. This work was to be completed by June 30, 2012. This was the day they accepted our offer on the house, two months before we completed. Not a single tree has been planted, and there is no fencing. I have already sent the documents to our solicitor who will demand an explanation from theirs, so I'm waiting to hear about that.

We are in a national park, and we were already intending to plant native trees anyway, but I'm concerned that the license has already been breached, time-wise. It specifically says on it that they must inform the purchaser if they sell the property (they did not, and in any case were already in breach at the time of sale). Does anyone have any idea how this might affect us - are we liable for this now, or can we/the park go after the original license holder?

 

[Lime]

I'd go back to your solicitor who conveyed the house.
They could be liable of course if they did not complete the searches commensurate to a national park.

 

[Flyfisher]

I don't know the answer but I fully agree with Lime that you should go back to your solicitor. I'd expect there to be a clear legal answer as to whether the licence conditions have been transferred to you.

Having said that, I'd be surprised if the licence terms could be transferred to you without your knowledge or consent. Can such a licence be granted to a property, or is it granted to a person? - in which case surely it would have to be formally transferred to another person, and registered as such with whoever issued the original licence.

I also agree with Lime that this matter should certainly have been raised during the searches prior to purchase.

 

[AMc]

It seems to me that this is something the seller should have disclosed and something your solicitor should have found out. I would lay the problem firmly at the door of your solicitor and ask them to sort it out within a reasonable time frame.
I would put that in writing and send it by recorded delivery even if you discuss it by phone.

My hope would be that the seller can be compelled to make financial amends so if I were you I would line up a couple of quotes for the work so you can see that any proposed settlement isn't going to leave you out of pocket.
I would shy away from any offer to organise the works as you will be the one living with the consequences of a job done grudgingly and probably on the cheap.

I'm not a lawyer though...good luck!

 

[JohnB]

This is Wales! No more needs to be said when it comes to dodgy stuff associated with land. It's just normal :roll:.

 

[Delta]

tycarregydwr, what happened?

I'm catching up on old posts, and it's like someone chopped of the end of a good film you were watching.

 

[Penners]

The butler did it.

:wink: