Tree Overhanging Our Property - Mid House Sale

tekton23

Hi,
We have just bought a house and are refurbishing it, ready for a move in 3-4 months. The house next door is being sold, it is currently under offer and they are doing the paperwork with exchange imminent.
There are some large trees in the neighbour's garden, with big branches (circa 30-40 cm diamater) that overhang our garden. They do not look safe and we'd like them removed. 
It would be far better to have the current owner hire a tree surgeon now, so that we do not have to risk our relationship with the new owner. I have emailed the estate agent to give notice of the issue and asked that they let both the seller and buyer know. They have said they have just told the seller, but they are (so far) unresponsive. I would like to let the buyer know, so they are aware and can negotiate this with the seller, before they move in. This is not only for good relations, but also because our side is a building site, they can easily access and make a mess. Chopping the large branches, will mean they have to drop in our garden and would destroy our property if done in the future.
I have no other line of communication to the buyer, other than via the agent. How can I contact and make the buyer aware? Is the estate agent obliged under law to notify them, if I give the agent notice of this issue? What other methods are there?
Thanks,
T23

AdrianC

tekton23 said:

We have just bought a house and are refurbishing it, ready for a move in 3-4 months. The house next door is being sold, it is currently under offer and they are doing the paperwork with exchange imminent.
There are some large trees in the neighbour's garden, with big branches (circa 30-40 cm diamater) that overhang our garden. They do not look safe and we'd like them removed.

Why do you say "don't look safe"? Simply because of the size? 30-40cm diameter really isn't that big, even before any allowance for exaggeration for dramatic effect. Are these trees under a TPO, either explicitly or blanket?

Let's see some pics...

It would be far better to have the current owner hire a tree surgeon now, so that we do not have to risk our relationship with the new owner. I have emailed the estate agent to give notice of the issue and asked that they let both the seller and buyer know. They have said they have just told the seller, but they are (so far) unresponsive. I would like to let the buyer know, so they are aware and can negotiate this with the seller, before they move in.

Have you considered that the vendor may not see the point in spending on a tree that won't be theirs for much longer, and the buyer may actually LIKE the tree? Why did you buy, if you don't like the established tree?

This is not only for good relations, but also because our side is a building site, they can easily access and make a mess. Chopping the large branches, will mean they have to drop in our garden and would destroy our property if done in the future.

Rubbish. A half-way competent tree surgeon will leave virtually no sign of their presence, other than footprints and a bit of sawdust - and, hey, maybe some free firewood for you... They'd rope the timber down in small sections, placing them gently on the ground.

I have no other line of communication to the buyer, other than via the agent. How can I contact and make the buyer aware? Is the estate agent obliged under law to notify them, if I give the agent notice of this issue?

No. Your preference to have next door's tree trimmed is nothing whatsoever to do with the EA or the sale.

What other methods are there?

Wait until they move in, then go round with a cake to welcome them to the area, and gently raise the subject.

I presume you've spoken face-to-face with the vendor, your current next-door neighbour...?

eddddy

Assuming that there is no tree preservation order in place, the easiest solution might be for you to cut back the overhanging branches yourself - but not beyond the boundary. (And the law says that you should offer the branches you cut off back to the tree owner - but I doubt they'll want them!)

As a courtesy, maybe tell the EA a week or so in advance, so they can tell the seller - in case they want to discuss it with you before the work starts.

In your position, I would want to be very careful and fair. I wouldn't want to do anything that sounded to their buyer like I was a 'difficult neighbour' or there was any kind of 'neighbour dispute', which might scupper their sale. That might be a bit disproportionate.

SpiderLegs

I assume that the current owner is not residing in property, as otherwise you would surely have just gone and knocked on their door?

tekton23

AdrianC said:

tekton23 said:

We have just bought a house and are refurbishing it, ready for a move in 3-4 months. The house next door is being sold, it is currently under offer and they are doing the paperwork with exchange imminent.
There are some large trees in the neighbour's garden, with big branches (circa 30-40 cm diamater) that overhang our garden. They do not look safe and we'd like them removed.

Why do you say "don't look safe"? Simply because of the size? 30-40cm diameter really isn't that big, even before any allowance for exaggeration for dramatic effect. Are these trees under a TPO, either explicitly or blanket?

Let's see some pics...

It would be far better to have the current owner hire a tree surgeon now, so that we do not have to risk our relationship with the new owner. I have emailed the estate agent to give notice of the issue and asked that they let both the seller and buyer know. They have said they have just told the seller, but they are (so far) unresponsive. I would like to let the buyer know, so they are aware and can negotiate this with the seller, before they move in.

Have you considered that the vendor may not see the point in spending on a tree that won't be theirs for much longer, and the buyer may actually LIKE the tree? Why did you buy, if you don't like the established tree?

This is not only for good relations, but also because our side is a building site, they can easily access and make a mess. Chopping the large branches, will mean they have to drop in our garden and would destroy our property if done in the future.

Rubbish. A half-way competent tree surgeon will leave virtually no sign of their presence, other than footprints and a bit of sawdust - and, hey, maybe some free firewood for you... They'd rope the timber down in small sections, placing them gently on the ground.

I have no other line of communication to the buyer, other than via the agent. How can I contact and make the buyer aware? Is the estate agent obliged under law to notify them, if I give the agent notice of this issue?

No. Your preference to have next door's tree trimmed is nothing whatsoever to do with the EA or the sale.

What other methods are there?

Wait until they move in, then go round with a cake to welcome them to the area, and gently raise the subject.

I presume you've spoken face-to-face with the vendor, your current next-door neighbour...?

Unsafe as they ben 90 degrees upwards at the mid-point in their length and are around 10 m in length oversailing our garden.

Pictures are not relevant, the trees branches do need to be managed and at least reduced in size.

Why did we buy? The issue of overhanging branches is not such as serious issue as to put us off buying the house.

Yes, of course I have considered the vendor doesn't want to spend the money on an item such as this. The whole point is to notify the buyer, so they can negotiate the cost of this against the sale before they move in.

Sure, a good tree surgeon should leave no trace but access is far easier currently as the side yard is open and it is easy to reach with a truck or van. Once the garden is planted and side wall this will not be possible.

I have not spoken with the neighbouring owner, they live in Belgium. The property is empty currently and my only method of contact is via the estate agent looking after the sale.

Do you have any useful comments or advice on how to contact the buyer? Thanks for your other points.

tekton23

SpiderLegs said:

I assume that the current owner is not residing in property, as otherwise you would surely have just gone and knocked on their door?

Yes, exactly, they are in Belgium, no way to contact them directly. 

princeofpounds

Edddy is right - if you don't want the branches there, organise to get them cut down yourself (subject to no TPO). You are perfectly within your rights to do so over your own land, as long as you offer back the wood. There is zero obligation on the tree owner to remove those branches. That's how the law on trees works.

https://www.herrington-carmichael.com/can-cut-down-a-tree-on-my-land/

macman

Since you have no way to contact the buyer, and have only emailed the EA, how do you know that 'exchange is imminent'? That info is confidential, so no sensible EA is going to divulge the state of negotiations.

You are entitled to prune back the trees to the boundary line, so you ether do that, or wait until the new owners are in occupation and ask them to do it. Although I'd imagine they may have other more pressing priorities if/when they do move in.

tekton23

princeofpounds said:

Edddy is right - if you don't want the branches there, organise to get them cut down yourself (subject to no TPO). You are perfectly within your rights to do so over your own land, as long as you offer back the wood. There is zero obligation on the tree owner to remove those branches. That's how the law on trees works.

https://www.herrington-carmichael.com/can-cut-down-a-tree-on-my-land/

If I could cut them down myself easily I would. The problem here is the cost associated, as they are huge and will require tree surgeons and a significant amount of waste to cart away. I'd estimate this is around £2-3k's worth of work, from recent quotes I've seen at other properties.
As the branches are likely to fall, my thinking is this is a safety issue that is the owner's responsibility.

tekton23

macman said:

Since you have no way to contact the buyer, and have only emailed the EA, how do you know that 'exchange is imminent'? That info is confidential, so no sensible EA is going to divulge the state of negotiations.

You are entitled to prune back the trees to the boundary line, so you ether do that, or wait until the new owners are in occupation and ask them to do it. Although I'd imagine they may have other more pressing priorities if/when they do move in.

The EA told me that exchange is imminent. 

macman

£3000 just to prune them? Are these giant redwoods or something? How many are there?

The cost is irrelevant: either you do it yourself, at your expense, or wait until the new owners are in occupation. You can't compel the existing or future owners to do so

How do you know the branches are 'likely to fall' unless they are visibly rotten, or unless a trees surgeon has examined them? Why don't you get one in to have a look and give you a quote for the pruning? Bear in mind that the pruning must be offered back to the owner after the work is done.