Nuisance cherry tree?

Nuisance cherry tree?

11:18 AM, 25th May 2021, About 4 years 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


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Beaver

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15:32 PM, 26th May 2021, About 4 years ago

Reply to the comment left by Ian Narbeth at 26/05/2021 - 10:44
I agree with this. I also agree with the comments about checking for tree preservation orders.

Just a thought though that even if there isn't a tree preservation order the dispute is with one neighbour and there might be other neighbours who would prefer you not to cut the tree down because they like the blossom in the spring or they value the additional privacy.

Paul Shears

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18:43 PM, 26th May 2021, About 4 years ago

Reply to the comment left by DGM at 26/05/2021 - 14:38The worse case scenario is "a bit at a time then".
(Caustic soda into a main root works well but you do need patience and this will not apply here.) 🙂
"The neighbours have insisted that it be taken down and written to the estate agent, council and got their own solicitor involved." seems to cover the possibility of a preservation order assuming that all that activity did not occur within the past two months to allow for council response time.

Martin Roberts

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20:04 PM, 26th May 2021, About 4 years ago

If there's a neighbour dispute walk away.

Nick Price

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1:46 AM, 27th May 2021, About 4 years ago

Thanks for all the insightful comments. Neighbour's dispute with the late owner has lasted five years, so they are not relenting. The property has been empty for two years (deeds missing at probate), so they were waiting for the new owner to continue the issue. There is no preservation order. It is a large tree and it blocks light in the garden, so the right thing is to fell it, as it can continue growing. Because it is an old matter, and the estate agents were aware, I'll have a good conversation about a reduction in price. I already had to contend with possessionary title rather than title absolute, but it's a bungalow in a nice location.

Bill

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8:59 AM, 29th May 2021, About 4 years ago

Reply to the comment left by DGM at 26/05/2021 - 14:38
Neighbours? Love them!
My neighbours complained when I had a bonfire of tree branches and hedge cuttings, not against council rules in the rural area involved.. So I bought a shredder. They then complained about the noise of the shredder.

amarni

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18:09 PM, 29th May 2021, About 4 years ago

Reply to the comment left by Bill at 29/05/2021 - 08:59
It all depends upon the timing of using the shredder, ie before 8am and after 6pm or over weekends, Bank Holidays. Some neighbours- do not care. Very few people are aware of how their own noise impacts others and how sound travels.

Bill

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18:19 PM, 29th May 2021, About 4 years ago

Reply to the comment left by amarni at 29/05/2021 - 18:09
So you think you know I am an inconsiderate homeowner. I resent your disparaging remarks. I suggest you do not prejudge people. After 50+ years of looking after my gardens I know how to respect my neighbours and never had any complaints until this particular neighbour moved in. Problem is that some are intolerant and never satisfied..

Ron H-W

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19:00 PM, 29th May 2021, About 4 years ago

Reply to the comment left by Bill at 29/05/2021 - 18:19
Bill - after the complaints you tell us you've had, one can understand you being rather sensitive to criticism, real or perceived.
It is possible that amarni, by the first word, "It", of his post (at 29/05/2021 - 18:09) really meant something like "Whether such complaints are reasonable and/or to be expected". In which case he would NOT be claiming to "know" anything about you, and his remarks would NOT be intended as disparaging.
"If the cap don't fit, don't wear it!"

BTW, amarni's criteria would mean that somebody who works reasonably standard/typical hours would NEVER be able to use a shredder - but it's quite likely (from "50+ years of looking after my gardens") that, like me, you are "retired".

Crossed_Swords

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19:15 PM, 29th May 2021, About 4 years ago

It should only cost a few hundred pounds depending on size, cherry has a life of of about 20 years (unless black cherry which is much longer) so it almost certainly needs to go anyway. Hardly worth bothering with renegotiating the price.

Sounds like the dispute is not that it shouldn't be cut but there has been no-one to do it. Just get it cut when you take ownership.

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