Removal of trees from adjoining land

The buyer’s claim

The buyer claimed the sales and marketing material and the pre-purchase information were incorrect as the belt of trees creating a ‘landscape’ buffer’ between the estate and the neighbouring field had not been retained. Some of the trees had been subsequently replaced by a gate, providing access for the farmer to his field. 

The buyer requested the builder reinstate the ‘landscape’ buffer.

The builder’s defence

The builder stated that the land in question belonged to the farmer from whom the builder had purchased the building land, with access provided for the farmer as a condition of the sale. The land does not belong to the buyer nor form part of their boundary.

The builder also noted that the Purchasers Information Guide provided to the buyer’s solicitors included covenants and rights regarding the provision of an access road and services benefiting the owner of the adjoining land and these rights were also set out in the accompanying Register Title for the site.

The adjudicator’s findings

The adjudicator noted that the removal of the landscape buffer and turning the road into an access road for the farmer did not render the builder’s sales and marketing material misleading or untruthful.

The adjudicator further noted that the builder could not guarantee the view from the buyer’s property or its surroundings would not change after completion.

Furthermore, the adjudicator was satisfied that the Purchasers’ Information Guide provided to the buyers’ solicitors included the relevant covenants and rights over the land, so the buyer would have been aware that the builder might at some point in the future need to provide an access road and that a gate and the removal of some trees might be required.

Learning points

For buyers:

• Your solicitor or licenced conveyancer is responsible for checking whether there are any covenants or conditions that directly affect your property, as well as any access roads or paths.
• If there is land close to your boundary but not owned by you, ask your builder about ownership, use and covenants so that you understand how this could impact your property.
• Be cautious about making assumptions about the surrounding landscape – including within the development. If they are crucial to your enjoyment of your property, make sure you ask your builder what provisions are in place to protect the surrounding environment and confirm in writing.

For builders:

• Providing clear information which includes any covenants, restrictions or associated boundary information can help minimise the likelihood of disputes.
• It’s important to encourage home buyers to seek professional advice. It is also helpful to alert buyers to any access requirements that may not be immediately obvious.