TA6 - Neighbour Dispute Not Reported

g.crow

Hello,

Just recently purchased a flat. Long story, messy affair. Currently dealing with a horrid EA/Landlord combo at where we moved out, but that is a story for another post if they continue the way I expect.

We were verbally informed, shortly after we moved in, that the neighbour to our rear had reached an agreement with the previous leaseholder, such that the previous leaseholder would cut down the elderberry tree in our private garden. Neighbour is a barrister, and says he made both the estate agents and the seller very aware that he was concerned we were not being told. He's not currently pushing the issue, was very polite. Talking to other neighbours, this agreement was common knowledge.

Neither the estate agent nor the seller disclosed this. Further, form TA6 questions 2.1, 2.2, 3.1, and 3.2 are all answered as 'No' with no details.

Now, as I said, the neighbour is not currently pushing this, so I have not asked for proof of the agreement (since that could accelerate things.) However, I want to make sure that I don't need to do anything now to ensure I can claim for compensation/misrepresentation in the future should this become an issue.

Thanks.

BitterAndTwisted

How much is it likely to cost to have the offending tree removed? Are you aware of the reason the other leasholder was insisting this happened?

g.crow

BitterAndTwisted wrote: »

How much is it likely to cost to have the offending tree removed? Are you aware of the reason the other leasholder was insisting this happened?

On the first, no idea, we're still getting unboxed let alone getting outside work done.

Second - he thinks it is damaging a retaining wall that has unclear ownership (he thinks it his, I'm happy for him to accept maintenance of it, but according to the local searches it is not defined.) Specifically, his property is about 5 feet lower than mine, hence the retaining wall, which abuts about 15 feet of open flat ground on his side.

It very well may be, although from my visual inspection of the wall the only thing wrong with it from my side is a lack of decent maintenance - it's not tipping, etc.

He also has complained about it's berries staining his patio.

BitterAndTwisted

Eh, an agreement being "common knowledge" does not transmogrify this into a formal dispute unless it was in writing. Has the neighbour intimated that it was?

Still, if it's only going to cost a hundred quid to have the tree removed and ensure peace between neighbours, especially a barrister, I'd consider doing it rather than thinking about future accusations of misrepresentation

DaftyDuck

I'm no legal beagle - others here are - but a couple of things strike me. Firstly, I'm not sure there's anything like a dispute here that needed to be declared. One neighbour agreed to deal with a problem tree that another asked to be cut down. No dispute. Whether you "inherit" such an informal agreement, I'd very much doubt.

Secondly, if he's worried about the overhang of the tree, he can deal with that aspect himself. If it is damaging the retaining wall, then it might be both politic and financially sensible to have it removed. But, I'd attempt to get him to share the cost, if he's worried about staining his patio....

.... which would be a waste of time, as he's a barrister (sure he's not a barista instead?) and has, I think, probably the potential to make your life very, very difficult. It sounds as if he's claiming an agreement exists, and blowing it up out of context to force you to do what he wants.

You say he's polite and all that.... hmmm ... that may well not last....

(Hope I'm wrong on that! )

Jeffrey_Shaw

g.crow wrote: »

Just recently purchased a flat. Long story, messy affair. Currently dealing with a horrid EA/Landlord combo at where we moved out, but that is a story for another post if they continue the way I expect.

We were verbally informed, shortly after we moved in, that the neighbour to our rear had reached an agreement with the previous leaseholder, such that the previous leaseholder would cut down the elderberry tree in our private garden. Neighbour is a barrister, and says he made both the estate agents and the seller very aware that he was concerned we were not being told. He's not currently pushing the issue, was very polite. Talking to other neighbours, this agreement was common knowledge.

Neither the estate agent nor the seller disclosed this. Further, form TA6 questions 2.1, 2.2, 3.1, and 3.2 are all answered as 'No' with no details.

Now, as I said, the neighbour is not currently pushing this, so I have not asked for proof of the agreement (since that could accelerate things.) However, I want to make sure that I don't need to do anything now to ensure I can claim for compensation/misrepresentation in the future should this become an issue.

Misrepresentation- even by omission- leaves V open to a 'breach of contract' claim from you: damages, legal fees, etc.

Any liability on the Estate Agent's part would not be contractual, only in negligence (which you'd have to be able to prove). So focus on V, tell your solicitor, and ask him/her to take up the issue via V's solicitor.

ALSO: do you yourself have Legal Expenses Insurance (perhaps as a purchased option on your buildings/contents policy)? If you do, contact the insurer at once- even before your solicitor- to ensure that your actions do not invalidate it!

RAS

An elderberry tree.

Get a pruning saw from the £1 shop (yes they are decent) and dismantle it yourselves. The ones I have cope with 120mm branches no problem.

If it is growing out of the wall or pushing it over (you need to go round and see it from his side), paint over the stump to kill it.

If it is just dropping fruit on his patio, restrict it to a decent bush and use the flowers and fruit.

witchy1066

if only it was that simple,
but it doesn't have to be expensive ,unless the tree is humungous,
I do believe they can grow to a height of over 6m

if the tree roots are causing a problem , then you need to cut the tree down and then somehow kill the roots ,
plenty of advise on how to do this on Google

elder flower trees can cause damage if they are planted within 8m of buildings or driveways,

perhaps your neighbour has good cause to be concerned

g.crow

Regarding the saw - my wife says it's an elderberry tree. I just know it's big enough that I doubt a £1 saw would cut it! The branch that was sawn off alone is about 6" in diameter - and the tree is tall enough that if it fell it would hit at least one house. I think witchy1066 hits it on the head.

We would prefer to keep the tree, as shade and privacy was a selling point, but yes, if it is legitimately causing damages then we would accede to removal. Not, if possible, the costs for removal.

Jeffrey - thanks for reminding me. We did choose to add on legal expenses insurance. Which is good, as my conveyancing solicitor has declined to provide advice in this as she only does conveyancing - hence, I am solicitor-less.

In my one conversation with the neighbour (I had not yet moved in) he seemed friendly and non-pushy. We were informed he was a barrister by the neighbourhood gossip. I am highly conscious of the implications that could have.

The big thing is not that I want to take action right now, but I want to reserve the right to take action ref: breach of contract should there be a need in the future. I want to make sure I don't invalidate anything.

Jeffrey - as my legal expense policy does not cover the first few months (from memory, policy document is at home) would it not be wise to wait until it kicks in before I call?

g.crow

bitterandtwisted, missed your post - I agree, peace may be the better option (although my wife is very keen on using the elderberries to make medicine, which she is trained in.) I have been informed that tree removal is quite expensive, my main concern is ensuring my options are open should a dispute arise and documents proving the agreement are available.

ValHaller

g.crow wrote: »

In my one conversation with the neighbour (I had not yet moved in) he seemed friendly and non-pushy. We were informed he was a barrister by the neighbourhood gossip. I am highly conscious of the implications that could have.

The big thing is not that I want to take action right now, but I want to reserve the right to take action ref: breach of contract should there be a need in the future. I want to make sure I don't invalidate anything.

The primary implication of him being a barrister is that he makes a living by bluffing and if he is good at it the state take him on as a QC for him to bluff on behalf of the state.

If there is no correspondence relating to the tree - if he cannot produce a letter undertaking to take down the tree from the previous owners and if he cannot produce copy correspondence from himself to the previous owners, then there is no obligation or dispute which the previous owners should have disclosed. So you can deal with him afresh on the tree without any history

OK if he can produce correspondence, you may have a valid claim against the previous owners, but my money is on him bluffing you that things have been agreed and you being obliged.

In your situation I would be asking him outright what correspondence there is with the previous owner. If there is any, which I doubt, I would ask for copies. And if there isn't I would tell him that he has to approach you afresh over the matter, because you can't be doing with obligations arising from unrecorded agreements you are not a party to,