Neighbours cut down trees before completion

[Annemum6]

I've just had an ail from our solicitor saying the neighbour has cut down some trees on the property we are buying. It will be in a small 'wooded' area of the garden which we loved. We've exchanged and were due to complete next week.

I can only assume that they haven't been removed by a proper tree surgeon and that stumps are left. What would you do? Any idea on our options?

Well if the trees were a major factor in why you fell in love with the house I'd tell them to get stuffed and pull out.

Why?

Did the neighbour do this without consulting the current owners or did they have permission?

On your new property? Have you seen the pictures? What do the current owners say?

check that this was done with or without the seller's permission.
then check with you building insurance on the next steps. they might need a crime number to proceed.

Who gave the neighbour permission to do this? Is it actually on the property you are purchasing?

It sounds like they waited until you have exchanged and couldn't pull out before doing this - were they told by the owners to go ahead? This sounds very odd/dodgy - what does your solicitor say?

and check if the trees where subject to tpo.

Ask for pictures? Did the vendor permit it?

That sounds odd. The neighbours went on and cut down trees on the land you’re buying?

speak to your solicitor.
can the seller make good before completion? replace trees like for like?

I'd go and see it - or at least insist on photos - before deciding on my next step. If the house is perfect in every other way I'd probably still buy it.

New trees can be planted, though obviously they will take time to grow, so insisting on a payment equal to the cost of buying replacement mature trees might be an option.

Go and see what the impact is and take it from there. At the moment you don’t know if they have just removed what was overhanging their property, or completely cut down the whole woodland.

It sounds like they did it without asking, but in all honesty the timing seems suspicious to me.

Unfortunately I've only been given the vaguest of information which makes me think the seller is trying to cover herself for how bad it is.

They were mature trees so I'm not sure how you replace them like for like?

Very naughty and not all that uncommon. I would be insisting the vendors pay for replacement trees.

Well it's devalued the property at the least.

What is the legal position if you've exchanged but not completed? Is it your property that they have damaged in which case I would get the solicitor to send them a letter threatening action unless they compensate you and put it right as far as they can
or is the vendor still liable in which case I would reduce what I was willing to pay given I am not getting what I paid for.

I'm with Fifthtimelucky on this. The trees need to be reinstated like for like, and it will be an expensive operation. Surely this is a major change in the property that will affect the monetary value of the contract between you and the vendors? By removing trees that you have bought as part of the contract, surely they are now in breach of contract? You really need legal advice on this. I'd be absolutely furious. I feel so sorry for you.

Is the house far away? Can you ask to go and inspect the damage before you complete? Unfortunately, as you don’t actually own the property yet, there isn’t much you can do except pull out or ask for a price reduction from the seller.

You need to visit, if you have no wooded area now it will affect the price of the property.

I wonder if the neighbours did this? or because it was causing problems to the neighbours

You’re not allowed to cut down trees at the moment surely, it disturbs nesting birds

Sorry, I missed that you had exchanged. Just ignore me!

If you can back out I would.

Same happened to me on completion day. The neighbour was a psychopath.

Currently trying to sell and he is trying to disrupt the process - calling estate agents, trying to open non existent disputes, calling the planning office etc. Its a real nightmare. We cant do anything because we have been advised that if we do fight back then it becomes a real dispute and we have to declare to the buyers. So we just have to let them get away with everything and anything and bend to all their insane requests.

Bastards.

I’d be putting out. They clearly cannot be trusted, and you need to live with them as neighbours for years to come.

They have took the opportunity to do a "cut & run", clearly your sellers had maybe had discussions with them in the past. Was it mentioned on the Property Information Form?

I would definitely go inspect, regardless of distance. This would cause me huge distress. I would push for recompense. TPOs?

It depends also on what species the trees were, and how mature. If they were e.g. 100 year old oak s then you can’t replace like-for-like. The best you could do would be to replace with 10 year old oaks, which will take forever to establish, if ever (better for the long term to replace with saplings).