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?

no @Bluntness100 you insure from exchange. Just done it. You are committed to buy from, exchange, therefore, have a financial interest in the property and have to insure it.

Can you do some sleuthing and find out what the neighbours are really like?

@TheOnlyKoiInAPondOfGoldfish

no *@Bluntness100* you insure from exchange. Just done it. You are committed to buy from, exchange, therefore, have a financial interest in the property and have to insure it.

This is true.

If it were storm damage then OP could claim on insurance (or the seller could). But this was intentional - not sure insurance would cover that. More an issue with seller + neighbour.

@EastWestWhosBest

Oh you poor thing, OP. I don't really have any helpful advice. It does sound like the neighbour is taking advantage of the situation to get rid of some tree that he doesn't like.

He wants to start as he means to go on.... laughing at you because he got the better of you and there's nothing you can do about it, he poisoned the well before you even moved in

@Tangledtresses

I nearly did that years ago.... the trees blocked all out light and the owners refused to do anything about it as it was rented out... it also had rats nests under the floor boards.

I didn't do it.... but god I wish I had

My dad actually did it when his neighbor died. I was shocked but the neighbors grown-up children were grateful to him for taking care of the garden and gave him some wine and chocolates as a thank you.

I think all the OP can do is proceed and move in and take things from there. Hopefully, the damage isn’t too bad.

My dad actually did it when his neighbor died. I was shocked but the neighbors grown-up children were grateful to him for taking care of the garden and gave him some wine and chocolates as a thank you.

Op bought the property to live in.. not to sell and share between surviving children.. who really don't care about the trees/garden.. there's a massive difference.. 🌸

@QueenBee52

My dad actually did it when his neighbor died. I was shocked but the neighbors grown-up children were grateful to him for taking care of the garden and gave him some wine and chocolates as a thank you.

Op bought the property to live in.. not to sell and share between surviving children.. who really don't care about the trees/garden.. there's a massive difference.. 🌸

I do get what you are saying. My parents live in a touristy area, so the children share the house as a holiday home. Totally different situation to the OP. I guess my point is my dad is a good guy. He’s not the neighbor from hell, so I don’t think the OP’s neighbor is necessarily going to be a problem. It’s better to wait and see what they say. Maybe there was a problem with the trees and it was better to cut them down… or maybe not?

When we moved last year we insured from exchange.

And for the 'walk away/pull out/run' posters, I'll repeat what has already been said. They cant
Once exchange of contract happens walk away/pull out/run becomes a whole host of legalities that would cost a small fortune.

This is a job where a small £ spent on a solicitor now could save you an awful lot of ££££ in the future. Email your solicitor. Copy in the EA. If you feel better, speak to the solicitor on the telephone first so they have the head's up on what's coming.
"Dear Solicitor,
I am concerned having been notified of the removal of trees on the property we have exchanged contracts on. On the basis of what I have been told, it seems the trees have been cut down by a neighbour without the permission of the owner. This raises several issues;

1. The trees were a significant part of our decision to purchase this property. Therefore, their removal means that we are not purchasing what we viewed and exchanged on.
2. I do not know whether the trees were subject to any form of protection. This may prove costly to rectify; I am concerned that we may be liable for making good. As the trees have been cut down it is impossible to know what long term damage this may cause for example as the root systems rot the garden may sink.
3. To cut down well established trees without permission is not the behaviour of a reasonable person. I would like confirmation from the sellers as well as standard searches that there is not, and has not been in the past 3 years, any dispute between neighbours.
4. All of the above reduces the value of the property. As I have not yet seen the damage, it is difficult to establish by how much. I require photographs including showing the cut sections up close and the wider view of the land area since tree removal.

Once I have the above information I would be grateful if a discussion with yourself in respect of my rights. The property is not in the condition in which I agreed purchase and, depending on the outcome of the above, may need to consider whether I go ahead with the purchase or my rights to withdraw under breach of contract.

@AdobeWanKenobi A purchaser can pull out after exchange of contracts if there is a breach of the contract. In this case, there could be undisclosed information on the sellers' part which could invalidate the contract.

Ignore everyone else and just do as @lonesome2night has suggested.
A perfect calm and level headed response to a very strange situation.

@lonesome2night

This is a job where a small £ spent on a solicitor now could save you an awful lot of ££££ in the future. Email your solicitor. Copy in the EA. If you feel better, speak to the solicitor on the telephone first so they have the head's up on what's coming. "Dear Solicitor, I am concerned having been notified of the removal of trees on the property we have exchanged contracts on. On the basis of what I have been told, it seems the trees have been cut down by a neighbour without the permission of the owner. This raises several issues;

1. The trees were a significant part of our decision to purchase this property. Therefore, their removal means that we are not purchasing what we viewed and exchanged on.
2. I do not know whether the trees were subject to any form of protection. This may prove costly to rectify; I am concerned that we may be liable for making good. As the trees have been cut down it is impossible to know what long term damage this may cause for example as the root systems rot the garden may sink.
3. To cut down well established trees without permission is not the behaviour of a reasonable person. I would like confirmation from the sellers as well as standard searches that there is not, and has not been in the past 3 years, any dispute between neighbours.
4. All of the above reduces the value of the property. As I have not yet seen the damage, it is difficult to establish by how much. I require photographs including showing the cut sections up close and the wider view of the land area since tree removal.

Once I have the above information I would be grateful if a discussion with yourself in respect of my rights. The property is not in the condition in which I agreed purchase and, depending on the outcome of the above, may need to consider whether I go ahead with the purchase or my rights to withdraw under breach of contract.

Yes. This.

@LemonSwan

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.

OMG are you the seller? Stuff of nightmares.

How bizzare! Weird on both ends… why would the neighbour do it without the current owners permission? And if the current owner gave permission, why, when you’re due to move in soon? Seems a bit off to me. A shame though if that’s what made you really love the house. Hope you get some answers! (I haven’t read all 9 pages!)

I’m guessing all went fine
And the tree “issue” wasn’t an issue at all

The tree surgeon likely wouldn’t have been aware of the situation, it’s a case of quoting for works, ask if they own the trees and check for TPO’s. You wouldn’t necessarily be made aware the house has sold.
Check with the tree officers at the council to see if there are any TPO’s on the property or check the arcGIS system, most councils have those. Most arborists wouldn’t touch if subject to a tpo / conservation area. Applications can take upto 8 weeks and longer at the moment, strange they didn’t say about this. Neighbours adjoining may have asked and paid for it to be done for their own reasons? Light etc? Or they may want firewood at the next house. Either way... it’s really underhand and I would be extremely upset at this. Especially if they were nice mature trees.

I’d go and look at the damage and if the trees were part of your decision to buy the property I’d have thought you’d be well within your rights to pull out or to demand compensation from your sellers, as it’s ultimately their responsibility.
Sometimes neighbours ask a favour before people move out and they’ve probably asked your sellers permission to cut the trees before they go incase you’d not agree.

I would pull out.
Fuck the trees.
You don't want to live next door to people like that.

Love it the above ‘dear solicitor letter’ I wouldn’t say about the sinking but whether it’s opened up the remaining trees to wind throw could be a more valid point.

I hope you have already asked about any neighbour disputes? The vendors legally have to disclise if there has been any problems, I'd make sure you ask now before payment has been made, I know contracts have been exchanged,
but you still have a hold over them before completion. Definitely insist on compensation, and replacement of trees, as mature as is possible.....that'll cost them a pretty penny! And teach them to stay off of your property in future

@Arikeade

Good evening very urgent quest that need very urgent answer.. A friend of mine have miscarriage at 14weeks of preg on the 6 of June and did the evacuation on the 8th of June And add sxxx on the 11, 13, 19 and 20 of The same month and she is telling me that for like 3days now she as been having symptoms of pregnant again... it’s possible to be pregnant so soon?

You need to make your own thread

But yes they could be pregnant again

I’d be asking the lawyer to request further information as to whether or not they were given permission to cut them down.

Arikeade. You need to start a new discussion/thread!

Criminal damage ?