Bellway Homes is this legal or a Fraud

GDB2222

daveyjp said:

Quite often on new developments large boundary trees are kept outside of individual house plots as the first thing owners want to do is remove them.

Whilst the people who back directly onto those trees might find them a darn sight too much, I imagine the people a bit further away would want them retained so as to screen the railway. 

getmore4less

The railway is not visible from the street level its in a deep cutting.

A bit of due diligence would have established the railway boundary and the extent of the site and the position of the trees relative to the plot boundary.
(looked at the plans again does look like the trees may have been within the boundaries of the development).

Not sure why anyone would have picked a plot on that development backing onto the railway. 

daveyjp

frogglet said:

Are there no aerial shots of what was there before the houses which may give a view of the boundary? Also the railways normally are fenced off with metal railings, are there any the other side of the trees?

Google Earth goes back to late 90s for most areas.

Davesnave

Richthofen said:

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

The trees are nowhere near 100' high. Individually you don't own them, so that's correct. What evidence have you brought here to show they're dangerous?

GDB2222

He’s made one posting, because he is upset about the trees. I don’t think we’ll see him again. 

Really, he should be upset with himself for buying that house, as the trees are pretty obvious. 

AdrianC

So these are the trees in question...?
https://goo.gl/maps/LarwTWhYzj6pGhJx6
https://goo.gl/maps/13LCE2fbzJDLyPF69
https://goo.gl/maps/7ncGsgsggd9qVsiJ7

An average two-storey house is, what, about 7m tall? 2.5m ground floor + 2.5m first floor + 2m roof
So the trees are maybe 10m, 30ft?

The railway is not in any kind of cutting, deep or shallow. It's pretty much level with the site.
2014 construction view - https://goo.gl/maps/vpC1fCJD8d2r6mRH9

Quite why anybody would buy a house with them at the back, then complain about their existence is one question.
Quite why anybody would prefer the view they're shrouding is another...

couriervanman

Richthofen said:

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

Well you should have done a bit more digging (no pun intended) and used a half decent solicitor/asked him/her more questions........those houses that back onto the railway are horrible