Neighbour has cut down my tree!!

GDB2222

evosy1978 wrote: »

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

It is a concern. Why not start off with a surveyor? A solicitor won't be able to solve this issue, but a surveyor might. If the plans are wrong, it's best to get this sorted out amicably now.

anselld

What do you hope to achieve by investigating?
At best things will stay as they are, at worst you will lose 4m.
If you do nothing things will stay as they are.

Atomix

evosy1978 wrote: »

Hi,
If this post could be in a more appropriate forum, could you move it. Thanks (i have just posted this elsewhere)

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 not 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

anselld wrote: »

What do you hope to achieve by investigating?
At best things will stay as they are, at worst you will lose 4m.
If you do nothing things will stay as they are.

? Eh? With 5000 posts you're no amateur - but really 'her deeds say he has 4m of 'her' garden. His deeds say he has 4m further on the boundary. The tree is 2m from the boundary in HIS garden. Lose 4m?? Eh please tell us how cos I don't get it? Op sounds like you may gain 4m with some legal help - surely? Or at worst stay as they are. But you've already lost the 4m already! (At least for the last 7 years)

silvercar

Atomix wrote: »

? Eh? With 5000 posts you're no amateur - but really 'her deeds say he has 4m of 'her' garden. His deeds say he has 4m further on the boundary. The tree is 2m from the boundary in HIS garden. Lose 4m?? Eh please tell us how cos I don't get it? Op sounds like you may gain 4m with some legal help - surely? Or at worst stay as they are. But you've already lost the 4m already! (At least for the last 7 years)

OP is saying AIUI that his deeds agree with the current boundary. Her deeds show the last 4m of his garden as belonging to her, she used that to trespass and cut down the tree, but was then happy to retreat back to her side of the fence.

kinger101

Tell her you will plant 10 leylandii in it's place.

Riggyman

kinger101 wrote: »

Tell her you will plant 10 leylandii in it's place.

And some Japenese Knotweed

PasturesNew

It is odd behaviour.
I "get" that she thought it was her land ... but ... if the tree's clearly within your fence and in your garden it's bizarre that she paid somebody a tidy sum to come and cut it down without banging on your door to say "Oi mate.... according to my deeds ....fence ... tree...." and open the discussion first.

Very bizarre.... to creep into your land, cut the tree down, then creep back out again as if nothing happened... hoping you'd not notice.

Odd.

Arleen

PasturesNew wrote: »

It is odd behaviour.
I "get" that she thought it was her land ... but ... if the tree's clearly within your fence and in your garden it's bizarre that she paid somebody a tidy sum to come and cut it down without banging on your door to say "Oi mate.... according to my deeds ....fence ... tree...." and open the discussion first.

Very bizarre.... to creep into your land, cut the tree down, then creep back out again as if nothing happened... hoping you'd not notice.

Odd.

I guess that in her mind once the tree is gone, it is gone, and worst can happen is some consequences to her, maybe a fine but the tree will be gone for good, and maybe now he won't even bother. I don't know if that is valid at all, but I can see that reasoning to result in that effect.

stator

You can take a claim to small claims court without needing solicitors.
If the land is registered with the land registry you should be able to clear up who owns it, althoug their maps aren't entirely accurate to the cm.
You may have to hire a land surveyor to clarify where the boundary is.

tony6403

Could it be that the plans are shown in yards and not metres ?
50 yards = 45.72 metres. This might account for the 4 metre discrepancy ?