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?

Have you spoken to your solicitor?

Go and have a look.

That's awful. Seems like the neighbours have done it because the current owner won't be bothered as they're leaving and you can't do anything as it's not yours yet.

I would go and have a look for yourself. Tell the estate agent that you want to see ASAP before completion.

Ignore the EA. The EA will not want to be involved as they will want the sale to go through. Deal only with your solicitor. Go to the property ASAP, and see what trees have been removed.

As others have said, you may have a neighbour dispute on your hands and this should have been disclosed before exchange.

The contract can be rescinded if false information has been provided by the vendors. Even if you still want to go ahead with the purchase, you can still threaten to have the contract rescinded which will hopefully put pressure on the vendors. You need to find out the situation before you complete.

The vendor is in breach of contract. You're entitled to be compensated to put you into a position you would be in had the contract been properly performed. You can complete, but then request money to replace the trees (as well as you can) once you've moved in. It would be up to the vendor to try to recover that money from the neighbour. If they are mature trees then it would be a considerable sum of money per tree, and I would definitely be pursuing it.

(Incidentally, whether you use the money to actually replace the trees would then be up to you.)

Contact your solicitor immediately. You are paying them to deal with this sort of thing. Don't waste any time with the estate agent or the vendor.

I think you need very clear info from the vendor as to the circumstances. If they won't come clean I'd pull out - you don't want to inherit a psycho neighbour

Could be.

Or it could be that the vendor said "Oh bugger it, I'm rid of the house, go ahead and cut the blasted trees".

OP has no way of knowing.

Tell you estate agent that it has devalued the property and pull out.

Get on to your solicitor. Tell the EA you are not going ahead if you can't accept what's happened. Keep an email trail to both.

Check whether there was anything in the legal details about conflicts with neighbours. Your solicitor should have checked.

I would be pulling out if I thought I was going to have CF neighbours who will take such liberties.

@GreenFingersWouldBeHandy

Tell you estate agent that it has devalued the property and pull out.

The OP has already EXCHANGED. They can't just "pull out".

It's not the EA you need, it's your solicitor.

This happened to us when we last moved house. In between the old owners moving out and us moving in, one of the neighbours cut down a large leylandii that was in our new garden, first we knew about it was when we arrived with the keys and there was a stump surrounded by fresh sawdust. Annoying thing was, if he'd just waited and asked, we were planning to take it down anyway, so I guess he saved us a job, but still, he'd been trespassing. For us, it wasn't a big issue, it was a huge leylandii, too close to the fence/boundary, and casting a big shadow. If it had been a much nicer tree, I would have been more inclined to report him for it.

@VenusClapTrap

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

This - and check whether any had a Tree Preservation Order on any of them. If they've taken down a tree with a TPO they will be in a LOT of trouble!

Cutting down the trees, whoever did it, was vandalism and probably
a criminal act. But it's not permanent. New trees can be planted, and you don't need to buy huge, expensive ones, either. After five years, saplings catch up with more mature planting. If this is to be your forever home, think long-term and plan to re-plant, I say. You could extend the wooded area, plant different species or plan your underplanting with spring bulbs, etc. It's unfortunate but not catastrophic. If you get compensation, you can spend it improving the woodland bit. I'd go even closer to the neighbour's boundary and shut them right out!

At a guess I'd say the neighbours hated the trees that blocked their light. They waited til just before completion to do it. Not good

Phone the agents and ask for a viewing ASAP. Your new neighbours don’t sound very nice.

The EA works for the sellers, not you. They want their commission and a quick sale. It’s not them you need to speak to, it’s your solicitor.
Be very wary of moving somewhere where, even before completion, it’s become apparent that there is a neighbour issue. Will you be attached to these people?
Echoing others - get round there to see for yourself and get your solicitor onto it as a matter of urgency.

Blimey, what a stressful situation at a time that should be exciting.

As you've exchanged and have few other options re rental etc. then you'll probably have to go ahead and complete, but that doesn't stop you from perusing this after completion.

Make sure your solicitor is aware as they may need to inform your lender.

Your home insurance should have legal cover who will be able to advise once you have the facts - who, when and where.

I would be livid and taking the neighbours for everything - but you may choose a more conciliatory approach!!

Mature trees can be replaced (from a specialist nursery and craning them in over the house) but it's extremely expensive.

Neighbour will have a very big bill.

Sounds like the neighbour is a nutter and has taken the opportunity that their neighbour is leaving to get rid of trees that have most probably been a gripe for some time

As far as the ndn goes I think you need to get all the facts from the seller and also have there been other incidents?

This might be revealing a neighbour dispute that the vendor was keeping quiet about - I would definitely be investigating asap, before completion, because it's not just about the trees now - it's about a neighbour who thinks they have the right to vandalise your property at will, or act on grudges. That's as bad as losing the beautiful trees, IMO.

Get photos and visit the property asap. Is it anywhere near?

I would be driving there now.

I would be in the phone to the solicitor right now. The neighbour sounds like a nut job.

Are you close enough to travel and inspect for yourself. Photos might be angled to show least damage.

WTF is the neighbour doing.

I bet the EA is avoiding calls right now.

Sounds like they hated the trees (as some people do, they seem to have something against nature) and took the opportunity to remove them when the house is between owners. Where are the people you are buying the house from? Is it currently vacant or did they give permission?

If the trees are in your garden, they have absolutely no right to do this, doesn't the solicitor suggest claiming damages?

Although the neighbours cutdown the trees, the issue is with the sellers. Why did the sellers allow it? What trees were cut down? You’re allowed to trim overhanging branches, but no more.