TA6 - Neighbour Dispute Not Reported

eddddy

hi g.crow

Since your neighbour is a barrister, I expect he specifically made sure that this was not 'a dispute' and would not want it to become 'a dispute' in future. Because he would not want to have to declare this on a TA6 when he moves.

An apparent history of neighbour disputes might worry some buyers, even if they are resolved. (In fact, if you take formal action against the previous owner, maybe you will have to answer yes to q2.1 on the TA6 when you sell.)

ValHaller

eddddy wrote: »

hi g.crow

Since your neighbour is a barrister, I expect he specifically made sure that this was not 'a dispute' and would not want it to become 'a dispute' in future. Because he would not want to have to declare this on a TA6 when he moves.

An apparent history of neighbour disputes might worry some buyers, even if they are resolved. (In fact, if you take formal action against the previous owner, maybe you will have to answer yes to q2.1 on the TA6 when you sell.)

Brilliant! It ain't a fact until you confirm, but it is a good working assumption for pushing the barrister into dealing with this afresh.

I_have_spoken

I'd be worried about a tree five feet above my garden, getting ever bigger and possibly starting to weaken the retaining wall.

Best get rid and if OP wants shade put up a gazebo and grow clematis over it.

aileth

He could be a barrister with a specification in personal injury for all you know, hasn't practiced anything to do with conveyancing or land law since dinosaurs roamed and probably knows as much as you or I. Barristers tend to only say what their solicitors have told them anyway (or as put very well above, bluff).

It doesn't seem like this is a dispute as such, maybe a gentleman's agreement for removal. For the sake of peace for all parties, I'd get rid of it, Barrister or not, it's good to be friends with your neighbours. There are lots of other ways to provide shade and privacy that don't possibly cause neighbour wars.

g.crow

Thanks all - I recognise the implications of poor neighbourhood relations, need for proof of dispute should anything be done in reverse, aspects of what a barrister means, and the rest. I also am aware that my neighbours concern is quite possibly valid, and I'm happy to respect that.

Rest assured we are not making any decisions without resolving the above - frankly, we haven't even seen the neighbour for a month, and we've only had the one five minute conversation where he told us not to worry about it or do anything - he merely said he'd go back to the estate agent and seller for not letting us know about his agreement.

My main question, which I believe to be answered, was if there was anything I needed to do now to preserve my potential claim against the seller *should this removal/repair become an expensive proposition that I cannot reasonably afford.* Tree removal against a wall behind a terraced street very much can be, and I'm tight on funds. Proof of dispute notwithstanding - I see no reason to attempt to acquire proof unless/until this meets the above stipulation.

Everything else is exceedingly good advice, and I've heard it. Thanks all for your help.