Neighbours Tree Straddles Boundary & blocks "their access"

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doug1217
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Neighbours Tree Straddles Boundary & blocks "their access"

Post by doug1217 » Tue Aug 23, 2016 12:49 pm

Hi,

My neighbours are selling their house and we want to make sure all is in order before they move. There is a right of access across our land for our neighbours (they are in a mid terraced cottage). Our neighbours have a well established tree that is positioned at the point where the plans show where they should cross from our property into theirs and it now also straddles our boundary with the majority of it being on our side, both trunk and branches. We are not therefore able to provide an access point in accordance with our deeds. We also wish to erect a new fence along our property to both replace an old rickety fence but also to ensure the boundary is maintained. Normally this would not be a problem but with new neighbours I do not wish to find ourselves in a dispute. We would like our current neighbours to remove the tree but wold like to confirm what our rights are before we do. Your advice is greatly appreciated.

COGGY
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Re: Neighbours Tree Straddles Boundary & blocks "their acces

Post by COGGY » Tue Aug 23, 2016 1:57 pm

Hi
Have you discussed this with the present neighbours? How far along has their sale progressed? You obviously need to sort out this problem urgently, otherwise may have a dispute with new neighbours. Are there estate agents involved? You need to make your neighbours aware of this problem as it has the potential for trouble and they cannot sell with a dispute in place. Why did you allow the tree to trespass to this extent? Coggy

Collaborate
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Re: Neighbours Tree Straddles Boundary & blocks "their acces

Post by Collaborate » Wed Aug 24, 2016 8:02 am

If the central point of the tree is on your side of the boundary, won't the tree have been planted by the previous owners of your house?

doug1217
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Re: Neighbours Tree Straddles Boundary & blocks "their acces

Post by doug1217 » Wed Aug 24, 2016 3:13 pm

Thank you both for your response.

Firstly both my neighbours estate agent and solicitor re aware. We have asked for a response from their legal team but as yet have not had one. We have been neighbours for 20 years and never rally had any problem until recently my neighbours fell out with the people in the house on the other side and announced they were selling. Up until l then I guess the tree just continued to grow and we all got along ok. However with them selling you are correct this needs to be addressed.

The tree was definitely planted by them but we only had a single strand wire fence so there was nothing to stop it spreading. The base of the trunk has spread to our side and grown at an angle so that about 60% of it is now over our side. The branches etc account for about 80% on our side.

I have read that whoever plants the tree owns it but have also heard that if the majority of the trunk is on the other side as in this case, then I can claim ownership. This would make it easy as I would just chop it down. Can anyone confirm if I can claim ownership?

mr sheen
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Re: Neighbours Tree Straddles Boundary & blocks "their acces

Post by mr sheen » Thu Aug 25, 2016 9:31 am

They just want to sell and you want the tree removed.....get them to agree to you removing it...they then have no dispute to declare and your ROW is clear...both happy!
You have to check you can remove it first though in relation to any restrictions in your area or TPO.

arborlad
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Re: Neighbours Tree Straddles Boundary & blocks "their acces

Post by arborlad » Thu Aug 25, 2016 4:23 pm

doug1217 wrote:I have read that whoever plants the tree owns it but have also heard that if the majority of the trunk is on the other side as in this case, then I can claim ownership. This would make it easy as I would just chop it down. Can anyone confirm if I can claim ownership?


If it is planted wholly on his land and stayed wholly on his land, then yes..........this would apply: Quicquid plantatur solo, solo cedit , "whatever is affixed to the soil belongs to the soil".

60% is a bit too close to 50% to now be able to claim the tree as yours, not sure how far down the selling route the neighbour is, but if a potential purchaser were to arrive at this forum and mention any of these problems, the advice would be to ensure the vendor sorted all issues - before purchase. It is to your mutual benefit that you work together on this.
arborlad

smile...it confuses people

doug1217
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Re: Neighbours Tree Straddles Boundary & blocks "their acces

Post by doug1217 » Tue Aug 30, 2016 4:21 pm

Collaborate wrote:If the central point of the tree is on your side of the boundary, won't the tree have been planted by the previous owners of your house?
The tree was planted in their side but close to the boundary. Since then the tree has grown and had done better on my side than theirs I guess because my garden gets more sun. This means the majority of the tree is now on my side.

Collaborate
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Re: Neighbours Tree Straddles Boundary & blocks "their acces

Post by Collaborate » Tue Aug 30, 2016 9:58 pm

What counts is where the base of the tree is.

doug1217
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Re: Neighbours Tree Straddles Boundary & blocks "their acces

Post by doug1217 » Mon Dec 12, 2016 1:40 pm

Since my original post I have paid to have a full survey of my property to establish exactly where the boundary lies, if nothing else than to satisfy myself for potential future discussions!

It transpires that the current fence separating both properties is in fact over .5mtr on my side and as such the tree in question is now completely on my side of the actual boundary.

I believe I have two options:
1. Get the neighbours to transfer ownership of the tree (if indeed they still own it)
2. Get the neighbours to remove it as it is now trespassing on my property.

I would value advice.
Many thanks

MacadamB53
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Re: Neighbours Tree Straddles Boundary & blocks "their acces

Post by MacadamB53 » Mon Dec 12, 2016 7:58 pm

doug1217 wrote:Since my original post I have paid to have a full survey of my property to establish exactly where the boundary lies, if nothing else than to satisfy myself for potential future discussions!

It transpires that the current fence separating both properties is in fact over .5mtr on my side and as such the tree in question is now completely on my side of the actual boundary.

I believe I have two options:
1. Get the neighbours to transfer ownership of the tree (if indeed they still own it)
2. Get the neighbours to remove it as it is now trespassing on my property.

I would value advice.
Many thanks
those are not the options - you already own the tree if the tree stands on your land.

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