Boundary issue

[kevinjohnsonmbe]

Thanks guys, it's a 2 part problem really. Firstly, nobody seems able to accurately define the boundary and therefore make an informed decision on "ownership or joint ownership" which might provide a way ahead. Second, if we can't define ownership (or reach a mutual agreement) cutting back to a line which is well within the smaller garden would be a sound option except that to do so would greatly increase the risk of the tree failing, in part or completely, into the opposite garden.

[kevinjohnsonmbe]

Just had a look on Amazon - £123 for Mynors book, would you say you use it a lot BT? I can have a copy by Saturday with express delivery, I know it'll come in handy for this one and I suspect it'll be something I'll use time & again!

[fagus]

Property deeds should define the boundaries, or if absent the Land Registry can decide, both might cost to investigate, LR certainly.

The view the boundaries cannot be identified is myth; they might be blurred by vegetation but they can be ascertained by measurement and research. Recently happened at the sale of a property of mine.

[kevinjohnsonmbe]

Property deeds should define the boundaries, or if absent the Land Registry can decide, both might cost to investigate, LR certainly.

The view the boundaries cannot be identified is myth; they might be blurred by vegetation but they can be ascertained by measurement and research. Recently happened at the sale of a property of mine.

 

Absolutely agree and that's what I told the homeowner they need to do 2 weeks ago. However, neither the estate agent nor the solicitor seem able/willing to clarify (I'll leave opinions of those 2 professional groups out for the time being.) I also told the homeowner that if neither the estate agent nor the solicitor would or could define the boundary (a ludicrous situation - how can they offer for sale something that is not defined?) then I could take a scale from LR drawing and pace the garden - a bit rudimentary but hey, I'm an arborist not a £140/hr solicitor or a 2.5% commission estate agent!

[Amelanchier]

IMO the boundary issue is one for the solicitors. By all means, give the client the benefit of past experience, opinion or even a nod in the direction of the bloody obvious but caveat venditor... this is a neighbour dispute and they don't often end well.

 

Personally I would stick to explaining and predicting the results of the various pruning options. One of which might be that after loosing half of a proven jointly owned tree, prospective purchasers still consider the tree a disincentive.

 

In the absence of definitive ownership, perhaps a tree valuation could inform an offer of compensation to the other party provided that they do not oppose felling?

[mendiplogs]

IMO the boundary issue is one for the solicitors. By all means, give the client the benefit of past experience, opinion or even a nod in the direction of the bloody obvious but caveat venditor... this is a neighbour dispute and they don't often end well.

 

Personally I would stick to explaining and predicting the results of the various pruning options. One of which might be that after loosing half of a proven jointly owned tree, prospective purchasers still consider the tree a disincentive.

 

In the absence of definitive ownership, perhaps a tree valuation could inform an offer of compensation to the other party provided that they do not oppose felling?

 

HI MATE IF YOU have boundary ISSUE and then with your neighbours ISSUE it selling your house very hard for get that tree ISSUE with neighbours can be a night the only ONE winner is the LAWYERS that ash may cost £10k of cash what a night mere thanks jon

[Inoff the Red]

The lawyers need to do their job!

I have never yet met a conveyancing solicitor that could not advise on the location of a boundary and the strategy depends on the result.

If the tree is on your clients side, they can do as they wish.

 

If it lies on the side of the "big" house, they need to be appraised of the structural problems caused by their tree and advised (in the nicest possible way) that if they fail to deal with it, they will be held liable for any losses or damage suffered as a consequence. (The prospect of being on the wrong end of a claim usually brings folk to their senses)

 

If the tree lies on the boundary, then in the same way that the instigator of remedial work on the tree may become liable for any subsequent damage the tree causes, so the "big" house owners may be liable for damage caused by their wilful refusal to remedy a problem caused by a tree growing on the boundary line.

 

The trick is to avoid this becoming the dreaded "point of principle" that sees some folk go to court for the most stupid reasons. The solution is to find a lawyer that can solve problems, not the sort that can cope with a bog standard conveyancing job and nothing else.

[Amelanchier]

There is also much to be said for third party mediation (such as that provided by RICS - see link below) before dragging things before the beak.

 

Neighbour Disputes Service

[Amelanchier]

...that ash may cost £10k of cash...

 

Vrai, mais c'est la vie Monsieur Plogs...

[mendiplogs]

Vrai, mais c'est la vie Monsieur Plogs...

 

HI TONY or more mate lawyers do cost lots money try and work it out with out them if you can as £10k is only 2 days work for a good lawyer not good at all I've been there thanks jon