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Neighbour has cut down my tree!!
Comments
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Two threads/posts same subject.
Perhaps post 9 in other thread has answer??
https://forums.moneysavingexpert.com/discussion/comment/72164009#Comment_72164009The world is not ruined by the wickedness of the wicked, but by the weakness of the good. Napoleon0 -
I_have_spoken wrote: »Sue for criminal damage, trespass and probably breaking Party Wall legislation.
A no-win, no-fee solicitor is your best bet.
It's not trespass if it's the neighbours garden.
It's not criminal damage if it's the neighbours garden.
It's not Party Wall stuff - whatever the case is.
Even if it turned out that this bit of land actually does belong to OP - then the neighbour can easily prove they had good grounds to believe the land is theirs (ie because their deeds prove it is). Most people don't ask for a copy of their neighbours (ie OP's) title plan just in case a mistake has been made somewhere or other and the neighbour (ie OP) in this case has also got that same bit of land on their title plan.
***************
On a different tack - maybe the houses were built at a different time? If they were - then that would rather tend to prove that the earliest house is the one that owns that bit of land and the latest house tried to alter the position (whether deliberately or inadvertently). If both houses were built at the same time - then we're back to my "split the difference" on that 4 metres of ground (that I mention on the other thread on this) and have it recorded on both sets of paperwork.0 -
I would just leave it.
The tress has gone, like you say nothing you can do about that now.
I suspect the tree was annoying the neighbour (shade/light) and they used some 'technicality' on their deeds to get rid of it.
They clearly respect the boundary as it was, as thats where they put the fence. Unless a future buyer of the neighobours house gets out a tape measure to check the size of their garden is correct (who does that) I can't see any issues and even if they do it can be resolved at that point (you have done nothing wrong against your deeds).
To get into a possible dispute about this will cause you trouble when you come to sell. If you want another tree just make sure you plant it outside of the area shown on the neigbours deeds.
Now you are aware of this, if possible I would try to make sure you don't put anything in those 4 meters that would cause you an inconvenience to move if at some point in the future this needs to be looked into more closely.
EDIT: just read the other thread, well done that poster. Was your neighbours house built before yours? which would account for the difference in unit of measure between the two. You can get a copy of the neighbours deeds to check before you speak to them. If that is the case I would be expecting a huge apology and maybe the cost of a fully grown tree to the size you lost.0 -
It's not a "technicality" to say "I own that bit of land" if your deeds say you do. The deeds say this - so the neighbour does own it. The problem is because OP's deeds also say they own it.
Hence my "split the difference" suggestion to resolve it - ie they take 2 metres each of the 4 metres they apparently both own.
EDIT; It's worth checking that both houses are speaking in the same measurements. But I'm guessing OP and neighbour have already checked that one out - ie when they got out the measuring tape and their respective deeds to check. Hence my saying (on the other thread) that maybe one of the houses was built earlier than the other one and, if that is the case, then 2nd house to be built may have (deliberately or inadvertently) tried to gain some of 1st houses' garden.0 -
moneyistooshorttomention wrote: »It's not a "technicality" to say "I own that bit of land" if your deeds say you do. The deeds say this - so the neighbour does own it. The problem is because OP's deeds also say they own it.
It is more of a technically when your boundary fence is within that space and you have put up a new fence to the same boundary, why would you do that if you believed you owned land on the other side (that was in someone elses garden)0 -
iammumtoone wrote: »It is more of a technically when your boundary fence is within that space and you have put up a new fence to the same boundary, why would you do that if you believed you owned land on the other side (that was in someone elses garden)
Who knows?
We can't second guess the past history of previous owners of both the houses.
I can second guess why my neighbours were trying to nick a bit of my garden (deliberately in their case) and I would probably be correct on their reasoning. Doesnt matter - the position is back to normal now (ie my garden is mine/all mine/only mine - in accordance with the deeds).0 -
moneyistooshorttomention wrote: »It's not trespass if it's the neighbours garden.
It's not criminal damage if it's the neighbours garden.
It's not Party Wall stuff - whatever the case is.
Even if it turned out that this bit of land actually does belong to OP - then the neighbour can easily prove they had good grounds to believe the land is theirs (ie because their deeds prove it is). Most people don't ask for a copy of their neighbours (ie OP's) title plan just in case a mistake has been made somewhere or other and the neighbour (ie OP) in this case has also got that same bit of land on their title plan.
***************
On a different tack - maybe the houses were built at a different time? If they were - then that would rather tend to prove that the earliest house is the one that owns that bit of land and the latest house tried to alter the position (whether deliberately or inadvertently). If both houses were built at the same time - then we're back to my "split the difference" on that 4 metres of ground (that I mention on the other thread on this) and have it recorded on both sets of paperwork.
That's all true, but you'd think it a bit odd that the fence didn't define the boundary, wouldn't you? Most people would have had a chat with their neighbour before cutting the tree down. It's a bit reckless to just go ahead.No reliance should be placed on the above! Absolutely none, do you hear?0 -
You need to insist in writing that she reinstate your tree immediately.
You can get some pretty mature trees delivered. At great cost, of course.
Surely, precisely because trees take a long time to grow, you ought to be quite sure of your ground (literally) before chopping one down? In any case, who would want to?No reliance should be placed on the above! Absolutely none, do you hear?0 -
Not sure the point has got through - the neighbour thinks (has good cause to believe) the tree is theirs.
Anything in a persons garden belongs to that person - and they do what they please with it accordingly. Whew!0
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