Inherited a Dispute

shop-to-drop

I would get the tree taken down ASAP you will not be liable for any damage to the neighbours property that has happened prior to you owning the property but you would be if further damage happens due to delaying.

If they are prepared to share costs all the better act now before they change their minds.

MagicCats

DVardysShadow wrote: »

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.

That's what bemuses me to some extent. This has been ongoing for 4-5 years according to the neighbour. It appears they approached the previous owner and on each occasion she refused to assist. Rather than pursuing it with her they've waited and dumped it on me.

shop-to-drop wrote: »

I would get the tree taken down ASAP you will not be liable for any damage to the neighbours property that has happened prior to you owning the property but you would be if further damage happens due to delaying.

If they are prepared to share costs all the better act now before they change their minds.

That's our main worry; we don't want to bear the cost of their damage due to the previous owners neglect.

My partner and I are determined to resolve this amicably with the neighbours, there's no doubt about that. It's just ensuring we don't get stung in the process. as I said earlier both other neighbours think it best to wait unit the autum or winter. I'll take advice from a tree surgeon on that front.

That's for the replies :beer:

DVardysShadow

MagicCats wrote: »

That's what bemuses me to some extent. This has been ongoing for 4-5 years according to the neighbour. It appears they approached the previous owner and on each occasion she refused to assist. Rather than pursuing it with her they've waited and dumped it on me.

In your position, I would definitely ask for the correspondence.

And if none was forthcoming, I would let them sort it at their expense. Dumping this on you is exactly what they have done- if they did not write to your vendor and create a declarable dispute, they have denied you the ability to choose whether to take the house or insist that the vendor sorted it.

We had similar when we bought - no formal dispute, but a visit within 3 days form the neighbour. But they did offer to pay.

MagicCats

DVardysShadow wrote: »

In your position, I would definitely ask for the correspondence.

And if none was forthcoming, I would let them sort it at their expense. Dumping this on you is exactly what they have done- if they did not write to your vendor and create a declarable dispute, they have denied you the ability to choose whether to take the house or insist that the vendor sorted it.

We had similar when we bought - no formal dispute, but a visit within 3 days form the neighbour. But they did offer to pay.

That's how we feel about it. I'm going to see what the solicitor says on Monday as what's legal and what's moral are two different things sadly.

martindow

OP, have you checked whether there is a TPO on this tree?

MagicCats

martindow wrote: »

OP, have you checked whether there is a TPO on this tree?

Not yet as it was only brought to my attention yesterday AM. With it being the weekend I was going to wait until tomorrow to investigate. Out of interest, who would give me protection order info?

Seanymph

The local council will have a tree officer.

Our house insurance states that we have no trees within 5 metres of the property or we have no cover.

It wasn't mentioned, but was hidden in the terms.

It may be worth looking at your household insurance....

I also don't think you'll get far with the solicitor - when we moved here there were a LOT of things not rectified that we'd been told had been, not disclosed, the house was left in awful condition...... and our solicitor just told us it wasn't ever worth pursuing someone. It cost loads of money, they would write to the other solicitors because they don't have the persons address - that solicitor would take two months to send a 'they say they didn't' reply, and it would take years and cost a fortune.

I think you should just get on with dealing with it - but you are right, you have to wait until the Autumn, you cannot cut down trees at this time of year.

casperlarue

Your local council will have information on this, the planning dept is a good starting point.

MagicCats

Seanymph wrote: »

The local council will have a tree officer.

Our house insurance states that we have no trees within 5 metres of the property or we have no cover.

It wasn't mentioned, but was hidden in the terms.

It may be worth looking at your household insurance....

I also don't think you'll get far with the solicitor - when we moved here there were a LOT of things not rectified that we'd been told had been, not disclosed, the house was left in awful condition...... and our solicitor just told us it wasn't ever worth pursuing someone. It cost loads of money, they would write to the other solicitors because they don't have the persons address - that solicitor would take two months to send a 'they say they didn't' reply, and it would take years and cost a fortune.

I think you should just get on with dealing with it - but you are right, you have to wait until the Autumn, you cannot cut down trees at this time of year.

Luckily the tree for us is around 20-25m away, but I'll check insurance anyway.

I think you're right about solicitors, ultimately. However, if my solicitor thinks it has legs and is willing to send a letter then I may let her.

It is very frustrating as on one hand I totally agree with the neighbours. The damage to their property is unacceptable and should have been dealt with long ago.

On the other hand...... they approached the previous owner, she said "sod off" and they left it. Now they've dumped it on me. Kinda leaves a bad taste in my mouth.

I accept it's now our responsibility and I wouldn't argue about that (legally or morally) and we had looked at getting it chopped down at some point. I just didn't anticipate getting forced to do it now, and have to be dealing with upset neighbours who have damaged property.

On the bright side, the two neighbours who are directly affected have indicated they'd contribute to the cost. I'd imagine the other neighbours in the terrace behind it would be keen to see it gone as it blocks light from their already dark North facing gardens. There may be something in that to explore as well.

Bottom line is that I appreciate the response here on thread, and we will do the right thing at the end of the day.

aliasojo

Seanymph wrote: »

....you have to wait until the Autumn, you cannot cut down trees at this time of year.

Why is that? Is it something to do with roots and soil moisture levels?

I notice my new neighbour has just chopped down a rather large *something or other*, he didn't seem too concerned about seasons or growth cycles.