Who is unreasonable in this situation?

[Catspaws]

I'm presenting this as fairly as I can. Once I've seen some responses I'll let you know if I'm Person A or Person B! It's long and probably quite petty but bear with me...

Person A and Person B live in side by side detached houses. In front of the houses is a square of garden. Each house owns exactly half of the square.

Person A moved into the house last year. On the date of moving in, there is a large, empty, circular flower bed in the middle of the shared garden. It crosses the boundary between the gardens.

Person B pops round to Person A's house within a week of Person A moving in to say that the flower bed was going to have a weeping cherry planted in it and that the previous owners of Person A's house had agreed to this, as it would look nice. Person B wants to know if Person A has an issue with it. Person A says no, that's fine.

Tree duly planted, small border of bricks, flowers under tree in bed. All good. Person A and Person B have no formal agreement but more or less share any minor gardening required (e.g. weeding). Neighbourly harmony is free flowing.

However... the houses are on an estate with a factor who does occasional inspections. Following a recent inspection Person A and Person B receive a notice from the factor addressed to 'the owner of the plot with with tree' informing them that it breaches the conditions of the estate and that there will be a £250 fine plus tree needs removed.

Person B visits Person A and suggests the fine is split down the middle. Their reasons: both parties agreed to tree, both have maintained it, both have benefitted from it looking pretty in the front garden and adding to the curb appeal of the properties.

Person A refuses. Their reason: they only agreed to be polite, it is very much Person B's tree which just happens to be on a bit of their garden, they took no responsibility for it when saying it could be planted.

So... who is right here?!

Send the letter back to this 'inspector' with 'Hahah, nice try, now fuck off' on it. Do NOT pay. It's ridiculous and quite possibly a scam. (This is advice to both A and B).

Oops I think I've got my As and Bs muddled... The new person can't really avoid the obligation as they didn't object at the time, and the plot is joint responsibility.

I would try to get round the rules by digging it up and replanting in a large pot the planting the pot into the ground. Once the rule-makers come round I would uncover the pot to show it wasn't planted in the ground but in a sunken pot.

I think this could be like speeding points. If nobody claims responsibility they can't fine you. If it's on the boundary, it could be either of you...Maybe.

Anyway, I think person A is right but I think Person A would be churlish not to chip in

Person B needs to pay up.

Not the Bournville nazis is it?

You agreed to the tree, maintained area, possibly enjoyed it. Very miserly to refuse to pay fine, and for the sake of good relations, very much cutting off your nose to spite your face.

Person a

That is a fine that I would not pay unless a judge made me. How ridiculous! Just get rid of the tree and plant a lovely replacement something or other. Maybe some shrubbery arranged in the shape of a phallus actually would be fitting for the situation. But the person planting should be the one to pay if anybody. It was their idea. A not properly researched idea given the silly rules but can hardly blame them. I mean, who would have thought that a little cherry tree could be so offensive ? Do the rules actually venture so far as to qualify what constitutes a suitable planted object?

Replace the weeping cherry with this - assuming shrubbery is allowed...

Is this a normal thing? I wanted to plant a tree in front of our house but am now scared that someone will come and fine us!

Right -so it is a dwarf cherry, is it? Well in that case tell them it isn't a tree, it is a shrub and therefore untouchable.

Cut it back in an artistic fashion, and it will sprout from lower down (this will only work if it already has plenty of fairly low down branches to start with though, if it's an 8ft-tall broomstick maybe not).

Having said that, you do need to check which species/variety it is, as some cherries do have invasive roots and need to be a certain distance from buildings.

You don’t get that much of a fine for beating up an old lady.

Who's land is it OP? I'd be tempted to ignore it/tell them to get fucked. Factors that is, not neighbour.

In our estate, the little bits of land between houses and along verges actually belong to the factor but front gardens are owned by the home owners with the dividing line being up the middle but the land registry should show it exactly. According to our original deeds people aren't allowed to park vans with advertising etc and various other things that at soon as the houses were sold out, nobody gave a shit about.

If you own the home and the land then honestly just tell them to do one. Sometimes factors are employed to carry out maintenance but they don't own any of the land. In those cases you can remove and replace the factor as long as you do it via a community group of house owners. You can then simply sack them and get someone else in. Do they cut your front lawn etc for you/carry out any maintenance on your land? If not then it is really none of their business.

If you are in Scotland then if it's Green belt then they do tend to won the bits of common land but that doesn't mean they have any say in what you have on your front lawn unless the roots might conceivably cause damage to their bit of property. Incidentally our estate all have cherry trees on the front gardens which were planted by the builders so it's not an unreasonable thing to have.

Person B and it's of no relevance that the previous owner agreed to it! Oh my goodness, yes I must do exactly what the person who used to own my house AND LEFT agreed to with a neighbour .

Dig it up, put it in a large pot, then sink the pot into the ground - it restricts the roots and as it is a dwarf there should be zero problem with roots. then write back and tell them there is no problem with the roots, as it is planted in a deep plant pot to restrict the roots so no fine payable.

Interesting idea, but can escalate quickly into nightmare if you fall out. Fine should be paid 50/50, you agreed to it, don't you know your own estate rules? Not worth falling out over.

Fine should be paid 50/50

Weird how so many would just hand over cash without a fight.

No way Jose would i just get the cheque book out.

I am 49 years old and have never heard of a factor.

Can you afford £125, OP? Because in the interest of neighborly harmony, as well as plenty of goodwill (watching your house for burglaries, receiving parcels when you’re out etc), if I could afford it, I’d be inclined to pay it. I might have a grumble that B asked in they first place but I’d pay. I would contest the fine together with B, however.

Share the fine. Person A agreed. Also for the sake of £125 it is not worth ruining neighbourly relations , possibly for ever. Have you ever watched
" Neighbours at war " ? It is actually bone chilling at times !

However, I would check if the fine is even legal.

I'm assuming you've bought the house, did your solicitor not tell you about the restrictions? They should give you a copy of them. I would ring them and ask them their take on it. They should be able to advise you about appealing the fine if you remove the tree.
If they failed to tell you about the restrictions you should have a case against them.

Sorry if this sounds like an obvious question but does it breach the terms? As person A has only recently moved in they will presumably have been informed of all terms so should remember as its a bit of a strange one. Worth challenging if possible as you need as a minimum to know what can be planted. For me person A did have just as much responsibility. They can't say that they thought person B must have had permission. It's not like person B went ahead and planted it. Person A agreed. If the fine can really be levied - and like with the car parking threads I'm not sure they can levy a fine but... - I would guess it is joint ownership so joint liability. Can you make use of a free session with a solicitor or will your convencying solicitor advise?

I am 49 years old and have never heard of a factor. Not quite sure what your point is?

Person A. There was only a verbal say so from person B that the previous owner had agreed arrangement and person A can quite rightly say she had no objection to the tree being planted albeit taking up some of her space. Should read the property conditions. Wish folk beside me would with all the home businesses there are. Increased noise flipping childminders, physiotherapists, massage therapists, reiki therapists, beauticians, you name it it's here all creating extra traffic congestion with parking on footpaths. Nightmare, why don't people read these documents they are legal conditions. Rant over!