Inherited a Dispute

MagicCats

Help!

This morning I've had a knock at the door from a neighbour whose house backs onto our garden. He informed me that he and another neighbour have approached the previous owner on several occasions regarding a large tree that is disturbing boundary wall foundations, and causing other similar issue.

Apparently the previous owner has done nothing about this over the years, and most recently told the neighbours to "come back after 29th June, I've sold the house, not my problem" !

Where do I stand with the following:

1. Responsibility for the tree and the damage it's causing.

2. Pursuing the vendor for non-disclosure of a problem.

Many Thanks.

Yorkie1

Sorry to hear this.

First things first, is the tree protected under a preservation order, and are you particularly attached to it (if it had to go, what would your feelings be)?

If it is indeed causing damage to others' property (is the boundary wall yours or others'?) then you can be liable for that damage.

I'd be asking for proper evidence that it's causing the alleged damage. They may have none, in which case it's up to you whether you choose to respond to their demands or not.

If they do have evidence of the damage being done, and you can then identify the appropriate way to resolve it, then I'd consider trying to deal with it.

Do you have legal cover on your house insurance?

The gardenlaw website is also a very useful place to go for advice, I'm told.

As for non-disclosure, get on to your conveyancing lawyer once you've got a bit more information about evidence, possible causes / costs.

MagicCats

Yorkie1 wrote: »

Sorry to hear this.

First things first, is the tree protected under a preservation order, and are you particularly attached to it (if it had to go, what would your feelings be)?

If it is indeed causing damage to others' property (is the boundary wall yours or others'?) then you can be liable for that damage.

I'd be asking for proper evidence that it's causing the alleged damage. They may have none, in which case it's up to you whether you choose to respond to their demands or not.

If they do have evidence of the damage being done, and you can then identify the appropriate way to resolve it, then I'd consider trying to deal with it.

Do you have legal cover on your house insurance?

The gardenlaw website is also a very useful place to go for advice, I'm told.

As for non-disclosure, get on to your conveyancing lawyer once you've got a bit more information about evidence, possible causes / costs.

Thanks.

We really don't care much for the tree as it blocks light etc. It is huge...... see the picture.

We have legal cover on the house insurance as far as I'm aware. I've emailed the conveyancing solicitor today should should expect a response on Monday. I'm going to pop around later to see what damage there is to other property.

The boundary wall is not ours, it belongs to the neighbour.

amcluesent

We really don't care much for the tree as it blocks light etc. It is huge...... see the picture.

Seems ideal opportunity then to have the two neighbours around for a cuppa, explain the seller never mentioned a dispute\complaint and suggest everyone chips in 1/3 of the cost to have the tree taken down and the stump ground out.

You'd then be well in with the neighbours!

You could pursue the seller for not disclosing a complaint, but legals fees will likely be more than you'd gain.

Mrs_Imp

Have they demanded that you cover the cost of repair, or just asked you about removing it.

It would be a good idea to find out what the neighbours want. If they just want you to remove the tree, and you're happy to do so, then hopefully this can all be resolved over a cuppa.

I would still speak to your solicitor asap anyway, just in case things don't prove so easy to sort out.

Try to keep all communications with your neighbours as friendly as possible, so they know that you don't want to fall out over it.

Good luck

MagicCats

amcluesent wrote: »

Seems ideal opportunity then to have the two neighbours around for a cuppa, explain the seller never mentioned a dispute\complaint and suggest everyone chips in 1/3 of the cost to have the tree taken down and the stump ground out.

You'd then be well in with the neighbours!

You could pursue the seller for not disclosing a complaint, but legals fees will likely be more than you'd gain.

Well at the minute I'm treading carefully. I'm thinking it may be one of these issues where in reality there is no damage, but the other residents just don't like it and with myself moving in see it as an opportunity to get it down.

If it's not causing immediate danger I'll be leaving it for now, but would be open to splitting the cost. It just seems very convenient that nothing's ever been done, but I move in and hey presto everyone is knocking at the door......

amcluesent

Fair enough, however from your pic the tree is obviously out of all proportion to the houses around it. I'd get rid ASAP, and if the cost can be split three ways all the better.

MagicCats

Mrs_Imp wrote: »

Have they demanded that you cover the cost of repair, or just asked you about removing it.

It would be a good idea to find out what the neighbours want. If they just want you to remove the tree, and you're happy to do so, then hopefully this can all be resolved over a cuppa.

I would still speak to your solicitor asap anyway, just in case things don't prove so easy to sort out.

Try to keep all communications with your neighbours as friendly as possible, so they know that you don't want to fall out over it.

Good luck

No demands, the chap was polite and reasonable and discussed splitting costs. I'm just angry with the vendor for non disclosure. After all the neighbours may have a genuine problem that I'm liable for. However I feel the seller should have informed all parties during the purchase process, especially as I asked her directly about issues with neighbours.

BitterAndTwisted

There may never have been a formal dispute, just a friendly and reasonable approach from the neighbours which didn't get resolved by the tine the sale went through. Therefore the vendors may not have been economical with the truth or lied about it.

ruggedtoast

I would just split the cost with the neighbours and have it cut down. "Leaving it for now" will just get you off to a bad footing with them and they are being reasonable about its removal.

Its your tree, regardless of who owned it previously.

aliasojo

ruggedtoast wrote: »

I would just split the cost with the neighbours and have it cut down. "Leaving it for now" will just get you off to a bad footing with them and they are being reasonable about its removal.

Its your tree, regardless of who owned it previously.

Agree with all this.

I'm not sure thinking too much about all the 'whys and wherefores' is beneficial, just deal with it now and start life off in your new house on a good footing with your neighbours.

Then if you have any comeback with the seller, that's a bonus for you.