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?

Me?

I would ask for invoice to see date of the work
I would ask for photos immediately if you can’t visit yourself
If not on boundary but directly on your land, then Why???

If this was happening near me I would go and look for you and take photos.....

I live in a high count of TPO trees.

Op, when are you due to complete?
I would ask for a reduction in the sale of the house, realistically that’s all you will get. , and find out and put on the record whether there is a problem with the neighbour.

similar aged trees

Doubt that’s possibly unless on the young side!

It's possible to have mature trees planted, but eye-wateringly expensive. I wouldn't want to be the neighbour if the original poster decides to pursue this. We're easily talking £2,000-£3,000 per tree.

To give you a rough idea:
www.barcham.co.uk/store/?order_by=price&sort=desc

I bet the EA will get back to you quick if you tell them if you don't have pictures to reach a solution in 24 hours you are pulling.

If you pull out would you have to pay 10% of the deposit?

Demand photos immediately. Once you have them, you can begin to make reasonable decisions. IF it has totally destroyed the area you loved so much, you can pull out. Tell them in no uncertain terms that the action of this neighbor cost them the sale.

It may be that the trees can be replaced, either with a tree of the same kind, or with a compatible fast-growing tree. Worth checking into.

Go and see for yourself and if neccessary pull out to avoid years of a CF neighbour? Your solicitor should be investigating whether the vendors haven't disclosed a dispute with said neighbour.

They've gone chances are they impacted on your new neighbour .
Big trees can have an horrendous impact on neighbouring garden blocking all the sun.

Op can’t just pull out, she may well lose her deposit. Are the trees listed on the house contents?

Has your solicitor not told you the seller is in breach of contract. Because he is. You need to figure out the cost of replacing the trees and charge the seller.

The neighbour was a psychopath
it seems like the neighbour is making sure to establish dominance before you even move in....

Bloody hell op you have a much bigger problem here than trees. I hope your solicitor has good advice.

[quote MurielSpriggs]similar aged trees

Doubt that’s possibly unless on the young side!

It's possible to have mature trees planted, but eye-wateringly expensive. I wouldn't want to be the neighbour if the original poster decides to pursue this. We're easily talking £2,000-£3,000 per tree.

To give you a rough idea:
www.barcham.co.uk/store/?order_by=price&sort=desc[/quote]

Yes.. Ive used similar companies in the past... to plant already matured trees..

Please consider this OP 🌸

I would be driving over and having a look

I think the OP can still pull out without losing her deposit if the seller has breached the terms of the contract (by allowing or causing damage to the property) can't she?

The vendor has to produce the property in the state that it was at exchange or they are liable for the costs of repairs to make it good again.

Your solicitor needs to guide you as a non conveyancing solicitor I’m wondering if - surely you have exchanged contracts a term of which was that the trees formed a part of the contract. The trees have been removed. The contract has been frustrated.
The seller would have recourse to the neighbour who has illegally trespassed and removed them for any penalty or consequential losses should you now pull out.
If you choose not to pull out you would seek compensation from the seller (reduced price) and they in turn could choose to take action to recover from the neighbour.
Those are the thoughts I would be sharing with solicitor and asking for advice generally.

@TatianaBis

"Has your solicitor not told you the seller is in breach of contract. Because he is."

How do you know? Have you read the OP's contract?

Reduce the price to replace the trees you can use this site to have an idea of replacement value:

www.chewvalleytrees.co.uk/tree-finder/screening/deciduous

[quote VeniVidiWeeWee]@TatianaBis

"Has your solicitor not told you the seller is in breach of contract. Because he is."

How do you know? Have you read the OP's contract?[/quote]
Of course not, but the trees were part of the property when it was viewed and that was the basis on which the contract was signed.

Unless there’s a clause saying the trees will be cut down before completion.

My neighbours did this with a hedge that was dividing our properties. It was there the day before we got the keys. Next day it was gone. I was absolutely livid. So so annoyed.

Decided not to start of on wrong foot and didn't say anything. It was the elephant in the room between us for a long time and i never did find out their motivations in removing it. But they're lovely people and our kids all get along great so I'm glad i didn't go storming over there. Still.... bizarre and annoying.

I'd say the trees were annoying the people next door and they took their chance to cut them down

Asides from the risk there is a neighbour from hell issue...

My first concern is, IS this bit of woodland ACTUALLY your property/the vendors property, or is there a dispute over ownership and you've been sold something that wasn't theirs to sell, or that at least, someone else believes wasn't theirs to sell.

I think you should go and see first hand and speak to your sol. once you know exactly what has been removed.

@TatianaBis

Unless the the trees are specifically mentioned I think they are part of the contract. From the Financial Times website.

What if the contents form doesn’t mention the garden and when we move in we realise important parts of it have been removed?

In that case, you would look to rely on the established law deriving from the Latin maxim quicquid plantatur solo, solo cedit (whatever is attached to the soil becomes part of it). In a post-completion debate, the courts will look at the degree and object of the annexation and decide which items are chattels and which fixtures. This could be costly and is best avoided, so you should ensure the contract is clear before exchange."

Laura Conduit is a Senior Associate at Farrer & Co in London. The legal issues in this column refer to England and Wales

whatever is attached to the soil becomes part of it

That would cover trees then. You can’t really argue they’re not fixtures.

Makes you wonder how life will be like with these sneaky tree hating b*stars next door.