Are my neighbours being unreasonable?

[PawsAndReflection]

Hello!

We've recently bought a new house and our neighbours at the end of our garden are looking to redo the outside of their house.

They came by today to ask for permission as the work would require scaffolding in our garden, and were surprised to find seating and an olive tree in the area.

They've asked if we can move the olive tree and seating in order for them to have the work done, but I'm a little concerned about moving such a big tree. Does anyone have experience with this?

They were making out that it really wasn't a big deal but I've been researching it and it seems not quite as simple as they're making out.

Well clearly they won't be able to then! It's a TREE. It also sounds a highly pleasant place to sit in the summer which they wish to invade with scaffolding. I suspect it would ruin it forever.

Are the owners of both upstairs AND downstairs wanting to have this work done OP? Surely they're not just planning on painting the upper part of the property, as it doesn't really look like anything else is needed?

I think you need to know a lot more about what they're hoping to do, and then if you're forced to agree, I would request compensation for the inconvenience of having your garden out of action while the work is going on, loss of privacy, and a replacement olive tree of the same size, although it would need to be planted at least 10 feet from any walls / foundations, or be kept in a pot.

I would also want a proper legal contract, including a time line for the work to be done, ie, it's going to take 2 weeks, a time by which the scaffolding MUST be removed, and any damage done to your garden, or property by the workforce, must be put right at the expense of the owners of the property, and within a set time after the decorators/builders/scaffolders leaving.

Presumably you were made aware of your neighbours rights with regard to access for necessary repairs etc., when you bought your new home?

If the white wall is thiers, it depends if they have rights of access/ easement on thier deeds to maintain the wall. You mention they are apartments, ground and 1st floor? Usually there would be a leaseholder or if you all own a share then there is sometimes a management company, even if a small residents one. Or have I misunderstood the property set up there?

Say no, and no to the scaffolding too. I did something similar once and regretted it as the workmen damaged our new caravan.

I would not let them touch it our tree is 150yrs old and to move it we bought the experts in .they can pay for it if they want it moved but find your own expert.

And where can I go if I need some legit legal advice on this, do some solicitors specialise in things like this?

Yes if there are disputes regarding removel of garden plants without consent ,or willful damage .

Neighbours are being CF. Just say no, it can't be done.

Agree no should be good enough .

Perhaps your council’s planning office? Not for legal advice, but to understand typical access for maintenance.

The answer though About moving the tree, is No, tree and furniture, cannot be moved.

This. When we moved the new neighbours came straight round asking to buy the three foot wide gap between our houses that belonged to us. Quite obvious they’d been after it from the previous owners. We said no as this was our side access to the rear of our house.

In terms of moving a tree, that would be an absolute no from me if it’s not in a pot. Very high chance it will die. Their scaffolders will just have to work round it.

Your home insurance?

What work are they wanting to do, what is the duration of the work? Could it be carried out without scaffolding to your side - roof works for example could.
Will you gain from jt? If its painting the wall for example you gain potentially.

That's what I would want to know before deciding anything. Moving the tree I would say no, but as others have said they can scaffold around it

You may have legal advice included in your house insurance

Mmm it’s a no to moving the tree and seating. Unless it can be easily moved, from your photo it doesn’t look easy to move.

with legal implications I’d start at your lease/freehold contract, then speak to a property solicitor.

i wouldn’t agree until you had advice.

A party wall surveyor might know and might charge less than a solicitor

But I would’ve thought scaffolders could position the vertical poles around the seating and tree. Poles aren’t positioned touching the wall.

The tree could be protected with a garden fleece while they were working and removed when they went home each day

I know you didn't do it, OP, but the seating appears to be attached to a neighbour's property. If, as others have pointed out, this causes problems with damp (blocking a damp course or water getting through damaged rendering) then it could potentially be a problem. Do you own or rent your property?

At the moment, I would be wanting to find out about this first. If it appeared that this seating was attached to someone's wall without permission, then it might be in your best interests to move it.

Yes, just google something like "party wall dispute solicitors"

Yes, you need a solicitor or legal executive that specialises in Property Law. Perhaps a local law practice will have someone, most include this specialism in their team

I don’t know where you stand legally but they are definitely CF expecting you to move a tree! Don’t they understand how trees work? I am wondering if they approached the previous owners and were told to do one? If the work they are planning requires permission you should be able to find details of their application on your local authority website, together with any historical applications and, more importantly, any objections raised to it.

Okay bit of an update!

I emailed the neighbours with a list of questions (how long would it take, how would we resolve the cost of fixing any damage done etc) and they came back to me about an hour ago with the following, brace yourselves...

(CFN= cheeky fucking neighbours)

• The contractors have said they can work around the tree and seating but it require an additional cost, which CFN have asked us to cover as it's our tree

• they cannot agree to a date when the work will be completed or when scaffolding will be removed and "we should expect that as with all this kind of work that it's at the mercy of the contractors"

• if we "insist" on any kind of legal agreement to cover this then we should be the ones paying for solicitor costs as they are happy to do so without

• any damage done should be taken up with contractors and not themselves as, and this is a direct quote, "they are the ones doing the work and we have no control over any damage that might happen"

Just to paint a picture, this couple presented themselves as the sweetest little elderly people you could ever hope to meet and were absolutely lovely in person. Seems like a case of keyboard warrior syndrome!

They also told me I was being "dreadfully selfish" and "taking advan

Sorry pressed send too soon!

They also told me I was being "dreadfully selfish" and "taking advantage of our good nature'

I also finally had clarification on the work they need doing and it's 100% cosmetic.

I've had 15 missed calls from them today already, with more than a few voicemails of them accusing us of over complicating things for them and saying we're trying to make "a fast buck"

@PawsAndReflection just say no, then. You are not liable for a single cost as a result of their doing building work. Sadly, you may need to consult a solicitor and ask them to draw up a letter in response to their points above, but I’d start with a free consultation asap.

And the calls constitute harassment, so I’d notify them that if they contact you again you will call the police.