Inherited a Dispute

MagicCats

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.

aliasojo wrote: »

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.

When I say leaving it for now I mean for the coming weeks. Mainly so I can discuss with solicitor etc. Worst case I'll split the cost as I'm perfectly reasonable about these things and would rather be friendly about it and the neighbours seem keen to help.

Having looked at the damage it's obvious the tree is the root cause (pardon the pun) Neighbours are in agreement to leave me to pursue solicitor in the coming week. They also think its best waiting until winter so the foliage is gone from the tree.

Maybe it'll all work out fine.

DVardysShadow

MagicCats wrote: »

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.

Ask your new neighbour for copies of correspondence with your vendor.

If there is no correspondence, you have an uphill struggle to prove that the vendor has misled you and therefore to claim costs from your vendor. I think I would be of a mind that I would be giving the neighbour permission to get a contractor in [subject to you meeting them], but only contributing to costs to the extent that evidence was produced which would support a claim against the vendor.

BitterAndTwisted

Why? If this tree is in the OP's garden and is causing damage to a neighbour's boundary wall, the responsibility for contributing to the cost of removal should not be dependent on a sucessful claim against the vendor.

The neighbour may never have been in a formal dispute with the previous owner but could certainly be entitled to start one now with the OP if they were so minded.

Strapped

You have a tree that you are minded to take down anyway, and TWO neighbours willing to split the cost, so what are you waiting for? Sheesh. You can always take action against the vendor, based on actual financial loss, at a later date if you so wish/can get evidence against. We're only talking a couple of hundred here, aren't we? Get on with it, and make yourself popular with the neighbours.

hcb42

Also bear in mind leaving it could have bigger implications, i would have asked questions about that tree prior to purchase, agree to remove it, split the cost if they agree, the cost is not going to be huge

BitterAndTwisted

If two other neighbours are willing to share the cost I'd get moving pretty quickly before they change their minds and you have to bear the total cost yourself regardless of any potential claim against the vendor

bryanb

Does your council have a tree warden? if so you need to keep them informed/ask permission. If no tree warden contact the local council. There can be big problems if you remove it without permission.

DVardysShadow

BitterAndTwisted wrote: »

Why? If this tree is in the OP's garden and is causing damage to a neighbour's boundary wall, the responsibility for contributing to the cost of removal should not be dependent on a sucessful claim against the vendor.

The neighbour may never have been in a formal dispute with the previous owner but could certainly be entitled to start one now with the OP if they were so minded.

While I agree to some extent, the vendor and the neighbour should have sorted this out and not left it to the buyer to resolve. If the neighbour really has tried to resolve this with the vendor, the neighbour will have written about it. Essentially if the neighbour did not write, how would OP know that the neighbour wanted this work doing? The vendor should have paid up and now the neighbour is trying to shift the cost onto the OP.

No sympathy whatsoever for neighbour claiming form OP when he failed to press the case with the vendor.

mummybaker

Call your solicitors immediately on monday. When we moved the last 2 times you have to disclose any issues with neighbours as if you dont you are liable for any future escalations in the same dispute.
So for instance if he's deliberately ignored the issues and left it and the wall collapses he is liable as it should have legally been disclosed when the sale proceeded.

I remember this clearly as it was the reason I never made a fuss when the next door neighbour started trying to perv at us over the fence at the old house. I thought just grin and bear it aand dont make a fuss or i will have to disclose it.

mummybaker

Oh also I would remove it asap too as your home insurance can be more if theres a tree that close to the home which goes higher than the roof tops. I remember watching a property programme when the trees caused all sorts of issues with the property so its worth chopping it down.