Neighbour planted trees but Land Registry not allowed

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sakhalin
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Joined: Sat Feb 24, 2018 7:55 pm

Neighbour planted trees but Land Registry not allowed

Post by sakhalin » Sat Mar 03, 2018 8:48 pm

I bought a new house 1.5 year ago. All the neighbours moved in around same time. One of neighbours just planted 10 trees at his back garden which is about 5 m width x 12 m depth. The height of the trees is about 5 meters. These trees would block the sunlight to the neighbours. There is a clause on the Land Registry covenent signed between the developer and property owners with following description - "Not to plant within the front and rear gardens any trees & shrubs exceeding 2.5 m in height and would interfere with enjoyment of light to neighbours". How can I proceed to this case? Would the developer or City Council interfere with the neighbour?

Thanks,

TO
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Re: Neighbour planted trees but Land Registry not allowed

Post by TO » Sun Mar 04, 2018 10:08 am

It would be something for the developer to pursue. That is assuming you can get them to do something. Even if you can get them to do something it would be frought with risks.

despair
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Re: Neighbour planted trees but Land Registry not allowed

Post by despair » Sun Mar 04, 2018 1:43 pm

Neighbour Must have deep pockets to buy 5 metre high trees thats for sure

sakhalin
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Re: Neighbour planted trees but Land Registry not allowed

Post by sakhalin » Mon Mar 05, 2018 4:22 pm

We can't imagine to plant trees so dense and very close to 3 side fences at a so small back garden.

In the Land Registry restrictive covenant, it mentioned "Neither the Transferor nor the Developer is to liable to the Transferee or the Transferee's successors in tile for any breaches of covenants or conditions committed by the purchasers or lessees of any other plot on the Estate and neither the Transferor nor the Developer is obliged to take proceedings to enforce any covenants restrictions stipulations and conditions". I guess the Developer will not interfere with this neighbour.

Thanks,

jonahinoz
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Re: Neighbour planted trees but Land Registry not allowed

Post by jonahinoz » Mon Mar 05, 2018 6:06 pm

Hi,

Is NOW the time to ask a solicitor to warn your neighbour that the tree roots might eventually damage your foundations?

602

ukmicky
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Re: Neighbour planted trees but Land Registry not allowed

Post by ukmicky » Thu Mar 08, 2018 1:23 am

If its a new house did any of the sales literature, pre sales agreement or deeds mention the words building scheme, if so you are legally allowed to enforce the covenant yourself even if your property is not named as a beneficiary of the covenant .

Even without those words the development could still be deemed a building scheme if it fits the criteria.


Speak to a land solicitor if you are interested in seeing what your rights are.
In the Land Registry restrictive covenant, it mentioned "Neither the Transferor nor the Developer is to liable to the Transferee or the Transferee's successors in tile for any breaches of covenants or conditions committed by the purchasers or lessees of any other plot on the Estate and neither the Transferor nor the Developer is obliged to take proceedings to enforce any covenants restrictions stipulations and conditions". I guess the Developer will not interfere with this neighbour.
That does not mean that they will not be interested ,its just there to protect them from law suits if in the future they decided the covenant was no longer worth enforcing .
Advice given is not legally qualified and you are advised to gain a professional opinion

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