Neighbour has cut down my tree!!

lincroft1710

Houses must be fairly recently built to have metric measurements and unusual that they have such long gardens

silvercar

I've merged the two threads on the identical topic. Some post numbers may therefore have changed.

evosy1978

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 ?

That would explain why her fence is exactly 46m! I really can't remember if her plan said 50 or 50m. It was very small..

I've been on the land registry for both mine and hers. Neither have any measurements or numbers on. Just a pencil drawn overhead view of the properties.

However, it is one straight line which is the border line between mine and hers and every other house along both of our roads. But the tree is stepped into my land.

The tree blocked her sunlight now I think about it.! Obviously I can't get the tree back but the more I think about it the more I think it's 50 yards and that she new it....

I might go to a Cab centre this week...

GDB2222

If it's definitely your tree on your land, you might get a court to award you the cost of having the stump removed and a reasonably mature tree planted in the spot.

In any case, the most important thing is to sort out exactly where the boundary lies and get that documented.

exiled_red

evosy1978 wrote: »

That would explain why her fence is exactly 46m! I really can't remember if her plan said 50 or 50m. It was very small..

I've been on the land registry for both mine and hers. Neither have any measurements or numbers on. Just a pencil drawn overhead view of the properties.

However, it is one straight line which is the border line between mine and hers and every other house along both of our roads. But the tree is stepped into my land.

The tree blocked her sunlight now I think about it.! Obviously I can't get the tree back but the more I think about it the more I think it's 50 yards and that she new it....

I might go to a Cab centre this week...

When do the whole 4m thing come up is it something that she is trying to use to justify cutting the tree down or is this something that you have found out and haven't discussed with her?

If the boundary is a straight line between all the properties on the 2 roads it would seem unlikely that the boundary varies 4m at your properties (unless there is a particular landmark/feature that would cause it to do so). So I assume the measurements are in yards and that she would have cut down the tree regardless of any of this boundary dispute and is just trying to use this to cause confusion and justify it.

evosy1978

exiled_red wrote: »

When do the whole 4m thing come up is it something that she is trying to use to justify cutting the tree down or is this something that you have found out and haven't discussed with her?

If the boundary is a straight line between all the properties on the 2 roads it would seem unlikely that the boundary varies 4m at your properties (unless there is a particular landmark/feature that would cause it to do so). So I assume the measurements are in yards and that she would have cut down the tree regardless of any of this boundary dispute and is just trying to use this to cause confusion and justify it.

I measured to her fence and that was 46.1m. Yes I think you are correct. So what next? A conveyancing solicitor or a Small claims court...

GDB2222

evosy1978 wrote: »

I measured to her fence and that was 46.1m. Yes I think you are correct. So what next? A conveyancing solicitor or a Small claims court...

Litigation solicitor. Or a surveyor.

G_M

Is the stump still there, and how big is it?

Invite her to tea.......



Ask the doormouse to mediate.

moneyistooshorttomention

I would have thought a surveyor would be next - ie to establish the boundary for sure (assuming you don't want to go the "split the difference" route - as, after all, you have presumably seen her deeds saying that she owns this bit of land too).

IF it's decided that the land is yours (and then, therefore, the tree is yours) - then I would have thought it too extreme and expensive to think of a solicitor. Comment from this week's Monty Don tv gardening programme of "A mature tree costs £300-£400" and the amount of money to grind out existing stump would probably not be more than £100-£200. Total cost for stump removal and replacement tree probably a maximum of £600 or, if you're a weakling like me, then add another £100 to pay someone else to plant the tree for you. Make that £700 maximum then.

So:
1. Establish the land ownership one way or another - either amicable split or a surveyor.
2. Maximum of £700 to restore the tree status quo.

Mind you - there isn't actually any need to get the tree stump removed even. You could:
- do it yourself (there are methods there on google for gradually rotting away a tree stump)
- have it carved into something "decorative". In my current area of country I notice there is a tendency to carve the remainder of a tree into a decorative seat or something - and it does look rather attractive and serve a purpose imo.

GDB2222

moneyistooshorttomention wrote: »

I would have thought a surveyor would be next - ie to establish the boundary for sure (assuming you don't want to go the "split the difference" route - as, after all, you have presumably seen her deeds saying that she owns this bit of land too).

IF it's decided that the land is yours (and then, therefore, the tree is yours) - then I would have thought it too extreme and expensive to think of a solicitor. Comment from this week's Monty Don tv gardening programme of "A mature tree costs £300-£400" and the amount of money to grind out existing stump would probably not be more than £100-£200. Total cost for stump removal and replacement tree probably a maximum of £600 or, if you're a weakling like me, then add another £100 to pay someone else to plant the tree for you. Make that £700 maximum then.

So:
1. Establish the land ownership one way or another - either amicable split or a surveyor.
2. Maximum of £700 to restore the tree status quo.

Mind you - there isn't actually any need to get the tree stump removed even. You could:
- do it yourself (there are methods there on google for gradually rotting away a tree stump)
- have it carved into something "decorative". In my current area of country I notice there is a tendency to carve the remainder of a tree into a decorative seat or something - and it does look rather attractive and serve a purpose imo.

I am surprised it's so cheap. If that's correct, you definitely don't want a solicitor, as you won't get his fees back from the neighbour. You can still sue as a litigant in person. If you are not comfortable with this, you would be best to leave the matter.

How big was the tree and can you get a quote for a like for like replacement? I assumed it might be 50 feet tall for it to cause serious shade in the neighbouring garden. I don't know what a tree like that costs, but I assume thousands of pounds just in transportation costs.