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?

majestic trees

Just posted this on another site. They supply trees, may give you an idea of replacement prices.

It's totally obvious what's happened here.

Neighbour has been moaning at the seller for a while about "those trees" which presumably are near to the border and either taking light from his property, or there are root or leaf-fall issues.
Seller hasn't obliged him.
Property goes up for sale -
Now either:

1. Neighbour finds out when exchange occurs and seizes the moment with the seller ignorant until after the fact

2. Seller colludes with neighbour believing that there's nothing you can do about it now.

Regardless, the starting place is to find out what your legal options are. The questions I'd be asking:

1. Can I pull out of the purchase for this reason?
2. Can I negotiate a discount with the seller?
3. Can I demand the seller put it right?
4. Can I demand the neighbour make it right?

Obviously bear in mind that if you take ANY action here to either replace the trees, or be compensated for them, unless the seller coughs up and leaves the neighbour out of it, then you'll be moving into a property with a neighbour with a huge grudge against you.

Is this just a hypothetical problem, needs an update given the expediency re dates

Do you want to live next door to neighbours like that? I’d take it as a warning and run. I would imagine there is some unpleasant history between them and the vendors. Don’t do it is my advice, the trees might be the least of your worries. Sorry …

It is illegal for seller to remove even ground plants unless stated they will be removed. Next door neighbour really sounds like a sneaky person for waiting and removing. Could have arranged with owner to remove them or seized the chance as soon as they moved and pretended they were asked to look after removal by owner, either way very unfair!! You need to get a gate with padlocks on to keep them out

How awful for you OP. Really feel for you. I would be devastated and worried. Go and see the damage and then decide..xx

Sorry I haven't RTFT but in case you don't know, there are a few tree nurseries that specialise in mature plants. I had to source one once in a previous job when a colleague decided to have a tree removed outside our building without landlord permission. Obvs they won't have a 15 metre high oak tree, but they will have trees large enough to screen neighbours and to fill a space and look good without waiting 10 years for a small tree to grow. So, if you're thinking about asking the vendor to pay some compensation, look at prices for buying and planting mature trees rather than saplings.

I would go and see it at the very least and check carefully as removing trees can really alter the drainage on a property when the roots die back it can cause all sort of shifts in the soil that can result in cracks to walls etc so please take advice

Also do you want to live next door to someone who behaves like this?

Hi All,

Sorry for not updating sooner. I couldn't look at the thread as I've been crying and fearing the worst. The EA looked on Tuesday and I went yesterday.

So, the majority of what was removed were bushes or brambles. They didn't do a great job so seller has agreed to get a gardener to come and do a proper removal (things were kind of hacked back).

In terms of the trees - what was removed doesn't exactly fit the description of what the seller told us. It was nowhere near as bad. I made the point to the EA about nesting birds, but realistically it's already happened so not much anyone can do. We will be getting a security firm over though as soon as we move in. I'm now wondering why the seller sent such an alarming email - I don't now if she was trying to cover herself or of something got lost in translation...

At this stage stage I don't see what options we have but to go ahead. Solicitor hasn't been helpful with options and realistically finding something similar on the market now will be out of our price range. The wood isn't destroyed in the way I feared I'm not questioning why she would make it sound so alarming?

Maybe the seller was distraught/upset, either personally or on your behalf. So was being rather emotional when she emailed? She's obviously feeling bad since she's paying to tidy it up.

That’s good news. I think moving is so stressful so to have this on top must be a lot to deal with. Good luck with the move

So what is the relationship with the neighbour like? Did they trespass to do this (it sounds like it).

What a relief that it's not as bad as you feared!

Wow. Good news!

Thanks so much for updating, OP. I don’t feel right pestering for news but was really hoping to hear how this situation progressed.

Good luck finding out more about the neighbour.

I think the lady we are buying from is very house proud. She has done a truly beautiful job and a bit of the changes did remove some charm - I probably slowly replant clearly away from the fence but in the same area.

Glad you’ve come back with a more positive update than I feared!

Did the sellers know why the neighbours had done it?

Fingers crossed you move goes smoothly

Ah, one more thing. Our current neighbours are definitely 'odd' and right from the start have done much worse than cutting things on the boundary. This to me doesn't seem malicious, maybe a bit naive about the buying process. Thanks again for all the advice.

@Didicat I think they were naive about the boundary line and asking for permission. I saw them in the garden and they did seem normal and slightly worried.

We've had 'odd' neighbours so this seems quite small in comparison (when I saw what was actually done)

@mummymummymummummum

Maybe the seller was distraught/upset, either personally or on your behalf. So was being rather emotional when she emailed? She's obviously feeling bad since she's paying to tidy it up.

Perhaps she was terrified that the sale would fall through?

She may have personal reasons for needing to move which have nothing to do with the neighbour being awkward, and have got a shock - especially if she mentioned it to someone and they told her it could be looked on as breach of contract and OP myy be able to pull out of the purchase.

If its your house now, this is none other than criminal damage and you are perfectly entitled to call the police and report it as a crime . If its not your house. Personally I would not want to live next door to psycho criminal neighbours who see fit to enter onto others landctovdo as they please - please consider this.

Sounds like the vendor sold because she's being bullied by her neighbours because it's all so vague.

I'd make sure that any 'vagueness' about the boundaries was cleared up if I were you OP as these can cause no end of problems. Good to hear that the damage isn't so bad. Could you have a pleasant chat with the neighbours to see why they'd chopped them back - did they feel that they were a nuisance or blocked the light? Some people feel very strongly about such things.

Could you have a pleasant chat with the neighbours to see why they'd chopped them back - did they feel that they were a nuisance or blocked the light? Some people feel very strongly about such things.

They can feel as strongly as they want, does not entitle them to go round cutting trees down.

Brambles will comeback next year, put some gooseberry bushes in that'll teach them.