Neighbour has cut down my tree!!

robin58

Riggyman wrote: »

And some Japenese Knotweed

I know it's just a joke but I wouldn't do that.

You'll unleash a hell that would make losing a tree and abit of land mean nothing.

It would make your house unsellable or even make any offer offered lower than market price.

And do you really want a five year eradication programme which can cost £1000's

moneyistooshorttomention

G_M wrote: »

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

But how can OP insist if this bit of land might belong to the neighbours? Put like that (ie with contradictory Deeds) then it's probably best for them to "split the difference" and agree to having 2 metres each of the land in doubt (as the gardens seem to be reasonable size anyway). Make that official - ie getting both sets of deeds amended to show this.

That 2 metres worth may or may not include the land where the tree was. It does sound as if it was in the 2 metres that would be agreed as belonging to neighbour anyway if they did "split the difference".

As the neighbours Deeds show that the tree was standing on their land - then how were they to know that OP's Deeds contradicted that and the land in question is apparently on both deeds? If someone has Deeds showing a bit of land is theirs - then they obviously wouldnt even bother to mention to a neighbour that they were going to do some work in their garden. They'd just get on and do it - as they'd be thinking "My garden - so it's up to me".

Davesnave

evosy1978 wrote: »

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

Forget the tree and the fence.

It sounds as if you have a fairly cooperative (if bonkers) neighbour, so the most sensible and cheapest route is to agree a boundary, have a deed of rectification drawn up and attach this to the title documents of both properties.

That will be in your and your neighbour's best interests in the long term.

Then you can plant a new tree.

Aylesbury_Duck

tony6403 wrote: »

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 ?

Bet that's it. Well deduced!

DominicH

Aside from the land ownership question, did she say why the tree was cut down? Or was it a case of "my land, my tree"?

martindow

It is very unlikely that the gardens are exactly 50m long - that sounds like a round figure rather than a precise one. The fact that your neighbour has respected the existing boundary with her new fence suggests that she is not trying to grab a chunk of your garden. The 50m business just seems to be to justify coming across to get to the tree.

bouicca21

Presumably the tree was causing (in her eyes) some kind of nuisance? Has she complained about it before?

paddy's_mum

evosy1978 wrote: »

Hers also say that I have 4 metres of her land but she was not bothered about that all!!
/QUOTE]

No, she wouldn't be perhaps because she knows that what plans/deeds state can be over-ruled by the practicalities of what's on the ground.

Her time to have objected to distances, sitings etc was when the fence was first installed (not necessarily your current fence but its predecessor/s) or when the tree was first planted.

If it's a grown tree, I would suggest that whatever the deeds say, you now own that land by virtue of possession over many years.

If you can possibly avoid it, don't get into any kind of dispute - expensive, stressful and a blight upon both properties.

unforeseen

Could a mod please merge this and https://forums.moneysavingexpert.com/discussion/5609046

It's confusing having two posts on the same subject

I_have_spoken

Sue for criminal damage, trespass and probably breaking Party Wall legislation.

A no-win, no-fee solicitor is your best bet.