Neighbour has cut down my tree!!

evosy1978

Hi,
If this post could be in a more appropriate forum, could you move it. Thanks

My garden backs upto someones elses garden. It is divided by my fence which goes along 3/4 of the width of the garden and then the other 1/4 is a tree which is this side of the fence.

I came home yesterday, and the tree was gone and another fence had been erected 2ft into their land so thats 2ft away from the tree which is now cut right down to your feet.

I got my deeds out and measured what it says on my deeds. I then went round their house. They got their deeds, it says its 50m long, which means my tree my fence and another "4 metres" of my land is theirs!!! We measured together for my piece of mind.

I want to stress that the tree in question is 2 ft away from her new fence which has been erected at 46m into here land. The tree didnt need to be cut down for her fence to be erected, it was also inside my fence.

So her deeds totally contradict my deeds!!!! Hers also say that I have 4 metres of her land but she was bothered about that all!!

Who do I speak to about resolving this. my fence has been there for 7 years. Why would the deeds totally contradict each other. Mine finishes by the fence but hers finishes 4 m into my land!!

Any help and advice .

Thanks

London50

Try this

https://www.landregistrydocuments.co.uk/

But you may need legal advise as it seems by the info it could be complicated

GDB2222

Why would anyone in their right mind cut down a tree unless essential, in any case?

When you measured, did you measure from the far boundary of your neighbour's house? Or from the back wall of their house? The latter could be wrong if the house is not precisely as drawn on the plan.

evosy1978

GDB2222 wrote: »

Why would anyone in their right mind cut down a tree unless essential, in any case?

When you measured, did you measure from the far boundary of your neighbour's house? Or from the back wall of their house? The latter could be wrong if the house is not precisely as drawn on the plan.

I measured exactly from the path outside the front of their house in straight line down the garden to her new fence.

Same with mine.

martinthebandit

Unless you have a lot of money you really want to donate to some solicitors retirement fund I strongly suggest you come to an amicable agreement with your neighbour.

G_M

You need to insist in writing that she reinstate your tree immediately.

kinger101

What did you measure with? You'd probably be best doing it with one of the laser thingies given the distance. Check and double check the distances before you do anything else.

silvercar

Are you saying your deeds don't agree with their deeds? If so then the fact that the fence has been in place without any objection may sway things.

I don't understand why your neighbour is prepared to allow you use of the disputed area but still chopped down the tree without consultation.

evosy1978

martinthebandit wrote: »

Unless you have a lot of money you really want to donate to some solicitors retirement fund I strongly suggest you come to an amicable agreement with your neighbour.

They have said its theirs I've said it's mine. My main issue at the moment is the deeds contradicting each other?

evosy1978

silvercar wrote: »

Are you saying your deeds don't agree with their deeds? If so then the fact that the fence has been in place without any objection may sway things.

I don't understand why your neighbour is prepared to allow you use of the disputed area but still chopped down the tree without consultation.

Yes I have the same thoughts myself.

My area is not In dispute as I said she never said anything about it if she had of I would of laughed as it mine.

I get the tree has gone but who do you think I should d turn to regards the contradiction of the deeds

dlmcr

Land Registry plans do not show where the boundary is.

Find the originating conveyance, which is the conveyance (of unregistered land) or the transfer of part (of registered land) that created the boundary by division of a larger parcel of land.

Construe the "parcels clause" of the originating conveyance by imagining yourself walking around the plot of land at the date of the originating conveyance, with the conveyance in your hand and taking into account what is known about what existed on the ground at the date of the originating conveyance.

Make, or commission a land surveyor to make, a good, detailed large scale survey (preferably at 1:200 scale or larger) of the site, covering the full extent of both properties affectedd by the boundary dispute. This survey will be the objective evidence against which all other evidence is measured .


More here: http://www.boundary-problems.co.uk/boundary-problems/investigating.html