Nuisance cherry tree?

Nuisance cherry tree?

11:18 AM, 25th May 2021, About 4 weeks ago 19

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I’m in the process of buying a house and in the conveyancing process, and it has appeared that there is a dispute between a neighbour and this property on a very large cherry tree that sits in the corner of this garden, but had grown to cover theirs, too.

The neighbours have insisted that it be taken down and written to the estate agent, council and got their own solicitor involved.

We need to resolve this before now as we don’t want to inherit a dispute. I’m getting a quote to have it felled and will then seek to renegotiate the price, as this dispute is 5-plus years old (elderly vendor with dementia).

Am l tackling it right? What would you do?

Nick



Comments

by Paul Shears

20:11 PM, 25th May 2021, About 4 weeks ago

So why can't you just cut it down?

by James Noble

8:32 AM, 26th May 2021, About 3 weeks ago

It is unlikely to have a tree preservation order on it. If you don't want it, tell your neighbour it will go as soon as you have purchased the property. (And you'll have a happy neighbour, which is always a bonus.) James

by Ron H-W

9:25 AM, 26th May 2021, About 3 weeks ago

Reply to the comment left by James Noble at 26/05/2021 - 08:32
... and neighbour might even be willing to chip in a few bob to the project, and/or suggest somebody to get a quote from.
It should be easy to check for a Tree Preservation Order (very unlikely, as indicated) - but do make sure whether or not the property & garden is in a Conservation Area, which would require giving the Local Authority advance notice of any intended work to trees, and they might decide to attach conditions. (There is no charge for "Tree in Conservation Area" notifications/applications, even though this does come under the heading of Planning Applications.)

by Dylan Morris

9:32 AM, 26th May 2021, About 3 weeks ago

Shouldn’t cost much to fell the tree so is it really worth renegotiating the price for a few hundred pounds ? Unlikely but you never know in this crazy world we’re in now, ask your solicitor to ensure you won’t be liable for any of the next door neighbour’s previous legal costs. And (belt and bracers) worth a phone call to the Council to ensure there’s no preservation order and they’re happy with the tree being taken down when you move in.

by Paul Shears

9:37 AM, 26th May 2021, About 3 weeks ago

You can prune down quite a large tree with a jigsaw and a long course wood blade. Just let the machine do the work.
I have done this several times including everything from a one foot diameter trunk tree.
It's easy and quick.
(The trunk was removed with a chain saw later but the tree was dead by then.)

by Chris Bradley

9:55 AM, 26th May 2021, About 3 weeks ago

I have a cherry tree that I've cut down, but the roots are making their way up thought my lawn and now I have baby cherry trees sprouting up. Might be worth getting a quote for removal and killing of the roots

by paul kaye

10:00 AM, 26th May 2021, About 3 weeks ago

anyone can cut overhanging branches etc
The law needs to change.If you have a tree from next door bothering you,you should be able to request they cut it back without any cost to you.If not you should be allowed to get it done and bill them.
The law is a joke,as you have to offer the cuttings back and you can't throw them back ! so time for the law to step in.

by Ian Narbeth

10:44 AM, 26th May 2021, About 3 weeks ago

The neighbours cannot insist it be taken down but they are entitled to cut back any branches overhanging their land but in doing so they must not kill the tree. There is a useful summary of matters here.

by Paul Shears

10:44 AM, 26th May 2021, About 3 weeks ago

Reply to the comment left by paul kaye at 26/05/2021 - 10:00That is my understanding of the technicality of the law as well. But as the tree is not on the owners land
but is on what will become Nick's land, I see no problem here assuming that Nick has no objections to the tree being either cut back or removed.
A bit of cooperation from the neighbour is virtually guaranteed after a quick chat, I would have thought. I make the observation as it is inevitable that some of the branches will fall onto the neighbours land and Nick will, in the sprit of good will, need to offer to remove them as the work progresses. I would expect the neighbour to be relieved that Nick intends to buy the property.

by DGM

14:38 PM, 26th May 2021, About 3 weeks ago

Reply to the comment left by Paul Shears at 26/05/2021 - 10:44
If it is in a conservation area it is a nightmare.
I had neighbours complaining about my trees when I moved, the previous owner cut them back over 12 years ago and is in a conservation area.
I got a quote, a few thousand and they apply to the Council, that takes ages and they are so busy it took about 4 months before they started. Neighbours complaining why I don't just cut them down and deaf ears when I explain the conservation rules, that I can't cut then down as they are protected but can reduce them.
Finally they get pollarded back to the previous point and have some happy neighbours and now some unhappy because I cut the trees back. You can never appease everyone.

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