Bellway Homes is this legal or a Fraud

Richthofen

Purchased a new build on the Linkside Estate along with about 50 pluS people in the same position.We back on to a railway line behind our end garden fence are dangerous 100ft conifer trees.We were told they belonged to British Rail until this year trying to get them cut they are ours.Can't access or touch them.Bellway told us we did not own them and build the fence in front to add to the deception is this legal a total con or even fraud.If you are buying from Bellway please please check everything before you buy and don't believe what they tell you

RelievedSheff

What does you title plan show?

bradders1983

Did your solicitor not point this out during conveyancing? Blame them, not the vendor. 

lincroft1710

I'd never buy a house with 100 ft high conifer trees at the bottom of the garden, I have one 40ft high at bottom of mine (much shorter when I bought) and the elderly owner won't even have it pruned.

tacpot12

Unfortunately, it is your job as buyer to establish that what is being offered for sale is what you want to buy. If the title plan showed that the trees were on the land you were buying, then you agreed to buy them. 

The next step if you find you own dangerous trees is to make them safe. You will need a competent tree surgeon.

Hasbeen

British Rail own trees?
If they are a 100ft high?? And that close to the railway.
I would assume it would be better to get Network Rail
involved for any cutting / pruning information.

newsgroupmonkey_

Hasbeen said:

British Rail own trees?

British Rail haven't existed since 2001.

I think they meant Network Rail.

As above, what do the deeds show? Especially on modern houses, they're pretty good at showing boundaries.

princeofpounds

So, who does own the trees? Individual home-owners? Or are they on estate land maintained by a communal service charge?

Why can't you cut them down? Tree Protection Orders? At least in my part of the country it's rare for conifers to be protected, and if they are 'dangerous' you can still get permission to cut them down as a safety issue. Network Rail work restrictions? Normally they would be overjoyed to see 'dangerous' lineside trees removed at someone else's expense. Planning restrictions?

Do you have any proof of what Bellway told you about the trees? What does your title plan show?

getmore4less

I expect the trees were their first.

Looks like this one.
https://www.bellway.co.uk/media/9974/linkside-brochure.pdf
https://www.bellway.co.uk/new-homes/east-midlands/linkside/the-dalby-4-detached

google maps
they are big trees all along the railway line.

handy map for planning
http://mapping.eaststaffsbc.gov.uk:8080/rmx4-webapp/estaffs-client/map.htm?TABS=layers,search,help
Looking at the plans it looks like the tree line is outside the boundary of the estate.

outline planning app was    P/2010/01441/JPM/PO
http://www.eaststaffsbc.gov.uk/Northgate/PlanningExplorer/KeywordsSearch.aspx

has the Japanese knotweed come back?

if this link works with a map of the site it says the trees are to be retained.

sheramber

The wording on that site indicates the trees were kept for noise reduction purposes. 
Who has told you you own them?
I would have thought they would come under the site management of open spaces unless they are shown on your deeds.

theartfullodger

I would expect all property developers to operate close to what most people would call fraud: Perhaps not just over the line to criminal offence.

Never believe the salesman.  Basic rule of buying & selling stuff! 

'tis odd (no idea how much checking up you did..- I'm sure you're much more careful) people often buy new homes with perhaps just a 15 minute quick view or a short pitch from snake-oil salesman who calls himself a "consultant".   Yet if hubbie buys a new car or TV there'll be loads and loads of research (I am male..).  And yes, I've done just that - probably worse.  Once bought a house at auction without even looking inside.... Children, do not do this at home. Still own it, 20 years on....

Good luck:

Property buying is in the opinion of many rather like getting married: You won;t know until a couple of years later if it was a good idea or not.

Artful: Now on his 3rd successful marriage.