Felled timber in house to be sold

GDB2222

I think it would still need to be disclosed.

Hopejack

Hmm - wood chopped up would be worth something but who is going to do it - it will cost!?

Also, just a thought, I believe you aren't allowed to chop trees down at certain times of year due to nesting etc - would think that we are well into that season now - google it. Fairly sure it's illegal to chop down at this time unless it's a hazard etc. Might be the 'way out' of it for the time being for your relatives? Seem to recall it's Sept/Oct before you can start chopping again?

david29dpo

Who's trees are they?

benoit

As already pointed out the first thing you need to do is check the trees don't have a preservation order on them before you even touch them. You said one of them has a diameter of 1m in which case it will deffinately have a preservation order on it and cannot be cut down unless it is causing problems/damage to the property.

One other thing you might want to consider is that the neighbours are within their rights to remove any overhanging growth (preservation order permitting) but whatever they cut off remains your property and must be returned to you so technically yes, they can leave it on your property.

poppysarah

Nesting birds can't be disturbed.
TPO are the easiest way of stopping them getting cut down legally.

Get them left. Then it's not your rellys problem.

tbs624

jonewer wrote: »

Hi all, the house I'm living in is about to be sold by my aunt and father.

The neighbours have asked if they can have some trees felled along the boundary and also asked if the felled timber can be left in situ on this plot.

Now some of these trees are huge, one has a trunk about 1m in diameter. Could they be sued by the buyer (offer accepted already) if they leave several tons of timber lying around?

My highlighting. Any discussion about trees on the boundary has to be with the potential new owners.They may be happy to have trees felled at your uncle's and aunt's expense, on the other hand they may like the trees but , if there is potential for a neighbour dispute, prefer the trees to be pollarded.
The deeds may contain a covenant relating to trees on the property, so the solitor should be checking this out.

Benoit wrote:

You said one of them has a diameter of 1m in which case it will deffinately have a preservation order on it and cannot be cut down unless it is causing problems/damage to the property...

Hmm......so *all* trees with a diameter of 1 m + will be subject to a TPO? Can you point us in the direction of a source for this assertion?

A quick call to the appropriate Council department will establish whether there *is* a TPO in existence.

Others have mad a valid point about tree felling/ surgery and birds' nesting seasons - see here for further info

not_loaded

You’re saying ‘offer accepted already’. It isn’t 100% clear as to what stage you’re at with the sale.

I can’t stress enough that assuming it is SSTC, the property needs to be left in its ‘as viewed’ and ‘as offered’ condition. Most buyers wouldn’t mind small changes, especially for upkeep, but this is literally changing the scenery.

If it’s been surveyed it needs to be left in its ‘as surveyed’ condition.

People don’t view and then offer on a whim. They like what they saw when they viewed.

Changing things at this stage could wreck the sale, leaving you trying to sell a property that looks like a lumber yard, with possible council action for breaches of tree preservation orders.

Zazen999

You can't chop trees down in a situation like this - you need to leave the trees or the new owners could pull out of the sale or sue.

ETA: if the offer has been sold, subject to contract; then it is sold. SOLD!!!

Hopejack

Revisiting this, I suspect the reason why the neighbours are pushing for the trees to be felled now is they think they can get it done and dusted before the new owners come in and possibly say 'on your bike' to their request! Sneaky!

ItMightBeUsefulOneDay

jonewer wrote: »

Now some of these trees are huge... (offer accepted already)...

Just to echo what others have pointed out, if I was your buyer, those trees would almost certainly be one of the reasons I bought the place. Don't even think of chopping them down - tell your neighbour that the place is sold and they need to take it up with the new owners.