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We have a retaining wall between our driveway and the neighbours, with the drop being in the region of 1m. Our neighbour has told us they are removing the trees which act as a natural barrier between driveways. In doing so this exposes the drop and is therefore now significantly more dangerous. As much as they are entitled to remove these trees, I do not believe we should have to put money in our pockets to address the significant safety concerns their actions are creating. We have a good relationship with the neighbours however im a little dissappointed they haven't consulted us, rather they have informed us of their intentions. So:
- How do i find out about exactly where the boundary lies?
- Who would be responsible for ensuring the safety is maintained and who should pay?
- What organisations should i contact for professional advice? Local Council? Law Society?
Im also slightly concerned by removing the trees they may cause ground heave, and i imagine nobody knows if the tree roots are integral to the structure of the retaining wall.
Any advise is welcome 🙂
im a little dissappointed they haven’t consulted us, rather they have informed us of their intention
Maybe just doesn't occur to them that you might have issues with it?
Why not talk to them instead of potentially creating an everlasting rift?
Sounds like you have real concerns and that talking would be a possibility?
– How do i find out about exactly where the boundary lies?
The land registry will have the site plan for both properties. They will be available online if the properties have changes hands moderately recently. It is £3 per copy. The lines will be very vague though. You won't get mm precision. It should show if it is straight and roughly where the ends are
– Who would be responsible for ensuring the safety is maintained and who should pay?
Whoever wants it to be safe IMO. If you want a particular type of boundary then then that is up to you to do (and pay for), or have a friendly chat to agree on something
– What organisations should i contact for professional advice? Local Council? Law Society?
I really wouldn't do this. Good neighbourly relations are easily worth the cost of a fence or hedge. Going legal on them will make things worse for everyone.
Legal cover on your home insurance for advice. You might find the information on the title documents (£3 from the Land Registry online) but ultimately I think they're your neighbour's trees and if they want to cut them down it's entirely up to them.
You can't rely on their goodwill for a safety oversight on your land. It's like complaining that your neighbour hasn't put a crash mat under your upstairs windows in case you fall out.
If I was your neighbour in a similar situation I'd probably agree to go halves with you on a 2.5m fence which also helps support the land to the side. If your drive collapses into their garden, I think that you would hold liability and "he removed the trees on his land and my house fell down" would not be a good excuse.
As much as they are entitled to remove these trees, I do not believe we should have to put money in our pockets to address the significant safety concerns their actions are creating
Not a lawyer, but aside from that you probably meant "have to spend money", this strikes me as highly unlikely to stand up in court (or out of it).
I do not believe we should have to put money in our pockets to address the significant safety concerns their actions are creating.
How much is a good relationship with your neighbour worth to you?
If they are their trees they can do what they like with them (tree preservation orders permitting).
Perhaps they are worried they are undermining the structure of the retaining wall?
Are they top-side, or bottom-side of the drop?
And for goodness sake do not go legal over this or we'll be seeing your sulky face on the Daily Mail website when you've blown all your pension and savings over 1ft of boundary! 🙂
and i imagine nobody knows if the tree roots are integral to the structure of the retaining wall.
If the current configuration of roots is holding up a retaining wall it won’t forever, another good reason to chop them down now before they do more damage.
There is a difference between seeking legal advice and 'going legal', no? I see little harm in knowing what your rights are as a starting point.
I would suggest to them that they are required to have nesting bird and bat surveys done on these trees as they are not allowed to disturb either.
I see little harm in knowing what your rights are as a starting point.
What rights do you really think he might have regarding a neighbour cutting down their own trees in a front garden?
I would suggest to them that they are required to have nesting bird and bat surveys done on these trees as they are not allowed to disturb either.
Would you really do that though? Bit passive aggressive innit?
Well they aren't going to fall up the wall are they so I don't think they have anything to worry about. If they'd removed a barrier in order to plant the trees originally then it would be reasonable to expect them to reinstate it but otherwise it's down to you. You've been relying on them to protect you for all these years and I bet not once have you been round to thank them! 😃
My deeds specifically state that fence between me and neighbour is 50/50. My old house the deeds weren't specific. In the end it comes down mainly to Rule #1.
For the love of all that is holy don't torch an otherwise good neighbourly relationship over what might be a few hundred quid of fence. Amazing the lengths folk will go over chuff all.
edward2000
We have a good relationship with the neighbours however im a little dissappointed they haven’t consulted us, rather they have informed us of their intentions.
Well they told you before doing the work, and they didn't have to do that.
I assume you are on the uphill side else you are concerned someone will drop into your drive?
How high , and large are the trees? I'd be interested to see a photo. If you're that concerned that the trees stay in place have you offered money for them to stay in place, or you're just expecting it to be so? I suspect whoever owns the land on the top of the wall will be responsible for putting in some sort of fence.
Is there a law or regulation in place locally that states that drops over nnn cms need a wall (we have that , all drops over 90cms between properties need a fence)
I see little harm in knowing what your rights are as a starting point.
What rights do you really think he might have regarding a neighbour cutting down their own trees in a front garden?
I have no idea. May be none whatsoever. Which is why I thought it might be a reasonable approach to find out.
I suspect whoever owns the land on the top of the wall will be responsible for putting in some sort of fence.
As above this seems the logical approach. Which are you, top or bottom of the drop?
Heave is not common. It can happen is the soil is shrinkable clay, the trees are large enough to cause significant desiccation under the building and were big enough before the building was built. If not, won't happen. If it can happen they can still remove their trees, it's would be for you to fix any damage once stabilised. I wouldn't worry though.
Im not disputing the neighbours right to cut their trees down. However as a consequence of my neighbours actions our safety is compromised thus I am trying to understand where liability lies and what rights we may or may not have. We are top of the drop. The trees are on their side very close to the wall so this makes a natural barrier.
Your safety is compromised as you or the previous owner failed to install a fence on your side of the boundary
our safety is compromised
And that is your responsibility, don't rely on others to keep you safe, be proactive.
Don't start issuing boundary dispute papers though only the solicitors win at that game and it will eat you up. The neighbours of our work landlord have been legal on the landlord for 20 plus years, it's gone nowhere and caused a lot of unhappiness.
Last week the complainant was on the highway inspecting a new build 500m from his property on the landlord's land. All rather sad and demeaning.
The trees are on their side very close to the wall so this makes a natural barrier.
Bugger-all rights then! You've benefitted from their trees providing a barrier. Time to dip into your pocket now and put up your own barrier.
You need to make your boundary safe for things (cars, kids, blown wheelie bins) dropping over from your side. If things start falling up then you have a case against them!
I agree, the liability is yours, you're worrying about the mrs driving over the drop?! build a wee fence or better yet a wee wall.
You've benefitted from the trees, by good fortune, but now you need to make your own arrangements.
You've no say over what they do on thier land, within development and planning rights.
You are responsible for your own land, including an 'unsafe' boundary.
1m is not a big drop.
Don't dispute this. You put your own fence or hedge or similar up.
How much is a good relationship with your neighbour worth to you?
^^^ This.
Talk to your neighbour.
I hope there's a parallel thread on mumsnet about an irresponsible neighbour leaving an unguarded drop onto their property and it could be a child's eye etc
However as a consequence of my neighbours actions our safety is compromised
Since when did a row of trees comprise a health and safety compliant barrier.
Needs pics.
I hope there’s a parallel thread on mumsnet about an irresponsible neighbour leaving an unguarded drop onto their property and it could be a child’s eye etc
That's this thread mate.
The Mumsnet one would have to be "AIBU to remove my own trees when my neighbour is threatening legal action".
Seems the general consensus it thats up to me to make sure a fence is erected. Thanks for the help people 🙂
We got a threatening letter from a neighbour about a wall issue. It's best to talk it through, any letter sounds like a notifiable dispute if you want to sell. In our case a trees roots were making a wall bow slightly, think it's our wall I m not sure, anyway 1 hour to dig out, repair and put back less soil.
It probably took neighbour 2 hours to write letter.
Did you ask if there was a plan to put anything in place of the trees?
Perhaps they've already got a solution in mind?
They won't be removing the roots, probably just grinding the stumps down.
TBH removing the trees will preserve the wall rather than causing a problem.
Any advise is welcome 🙂
Think before posting maybe?
Chill definitely!
Have you asked them? If the relationship is good I’d think you should be able to talk about the details. I don’t think it would be unreasonable for them to consider going 50:50 on a solution.
Just don't step off the drop?
At our last house we had a 4' drop to the road. Made it quite easy to walk into the back of the pick up to unload logs or on to the car roof to get stuff off the roof rack. Never went over the wall without intending to.