Trees demolished

[NOCAB]

Hi,

I visited my parents property today to clear a few final belongings, before the house sale goes through, and the future purchasers have accessed the property and cut down 5 very large trees, even though the property sale is not yet complete.

Can they do this?

Surely if something should happen and the sale falls through, they have completely destroyed what was a lovely garden, and would severely detract from the sale should anyone else start viewing. I am not the executor, that is a responsibility sadly held by my stupid brother, but regardless, I am concerned these actions have been allowed by him and or advise by his solicitors.

Any help would be appreciated.

Regards.

[james_law]

Have both parties swapped contracts?

[NOCAB]

Nope

[james_law]

Well based on that the property does not belong to them and they should not have come into the garden and touched anything. The sale as you say could still fall through as its not at the legally enforceable stage yet.

On the other hand, there would be no problem if the sale goes through. However, if the sale falls through I would be looking at claiming but you would need to go get legal advice. Unfortunately, legally, you are nothing to do with the house sale so therefore you wouldn't be able to bring a claim against this other party.

[Peridot]

Hi Robert,

How upsetting for you. Difficult when you no doubt have memories of the property and garden as they were.

How do you know it was the proposed purchaser? Have the neighbours complained? Did any of the trees have a tree preservation order on them?

Have you checked whether your brother as executor had given them permission to enter the property and cut the trees? If he hadn't then this is effectively trespass and potentially criminal damage. I suspect they have been allowed entry as this would seem to be a step too far for a prospective buyer when contracts have not even been exchanged.

Whether you agree or not with them cutting down the trees, if they had permission from the executor there is nothing you can do. Personally I would not have allowed entry until the contracts had at least exchanged and I would suggest that no lawyer would recommend access be allowed until exchange at minimum and even then only for measuring windows and the like.

However the decision is the executor's, so in the first instance I would check with him. If he did not allow them to enter the garden/property then this is trespass.

Once we have your responses to the queries I have raised, we may be able to point you in the right direction, if there is anything that can be done.

[jaguarsuk]

Well based on that the property does not belong to them and they should not have come into the garden and touched anything. The sale as you say could still fall through as its not at the legally enforceable stage yet.

On the other hand, there would be no problem if the sale goes through. However, if the sale falls through I would be looking at claiming but you would need to go get legal advice. Unfortunately, legally, you are nothing to do with the house sale so therefore you wouldn't be able to bring a claim against this other party.

If the sale fell through then your brother would have to resell the property, if there was a difference in value between the fallen through sale and completed one your bother on behalf of the estate would have to claim against the other party.

However if he gave them permission to enter and do it, then there wouldn't be a leg to stand on.

Let's hope all just goes through for an easy life.

[Crazy council]

Hi

Its more than likely that they have had permission, and it may be to the benefit of the estate regadless if this sale goes through. While your the executor, your responceble for maintanace of the estate, that can meen getting trees bushes and drainge soreted. Its not unusual to agree maintanance with prospective benefactor or owner

The other thing you realise if administering an esate of any value, is if anyone can claim, they will ( neigbours ect ), and if anyone can blame you ( the exec ) for anything, they will.

Trees near a property can cause problems
Also, some trees and ground types need taking down at certan times of the season

[NOCAB]

Thank you for your responses. I have been advised that my brother the executor allowed access but that contracts have not been exchanged. How can I tell if trees cut down had preservation orders?

It seems ludicrous to me to allow this access before the sales completion date, and the purchaser seems to be in a real hurry to get on with a development there.

I am slightly suspicious that my brother has not actually purchased the property himself without advising myself as a beneficiary as there is a feud between myself and my brother and sister, so I think that they are working behind my back.

Is he allowed to do this?

[jaguarsuk]

I am slightly suspicious that my brother has not actually purchased the property himself without advising myself as a beneficiary as there is a feud between myself and my brother and sister, so I think that they are working behind my back.

If he has purchased it then the Land Registry will update and it will become apparent.

I'd say he's probably trying to be accommodating to "keep the buyer onside" until the completion.

[NOCAB]

My concern related to this point is that the sale was managed in a strange way and the property price was significantly reduced despite higher offers, and then all of a sudden sold for well under the asking price, and much lower than the mid point recommended by the estate agents. Now with immediate access being granted despite no contracts exchanging hands, and trees being chopped down, I am beginning to smell a rat, and wondered if this was the case, if this is legal?

If so the executor has purposefully reduced the property value so that ultimately he benefits!!!

[jaguarsuk]

My concern related to this point is that the sale was managed in a strange way and the property price was significantly reduced despite higher offers, and then all of a sudden sold for well under the asking price, and much lower than the mid point recommended by the estate agents. Now with immediate access being granted despite no contracts exchanging hands, and trees being chopped down, I am beginning to smell a rat, and wondered if this was the case, if this is legal?

If so the executor has purposefully reduced the property value so that ultimately he benefits!!!

I wouldn't have thought that was legal, but Probate isn't really my thing and therefore couldn't tell you definitively.

[Amethyst]

I think I'd be suss too. But it is easy to jump to conclusions. If the new owners intend on developing the land they could have agreed an uplift clause with your brother but this should form part of the estate in any case. Any planning permission been applied for ?

I think Peridot will have to look back in on what would happen if your brother had engineered to purchase the property himself at a reduced price.

[Peridot]

Hi Robert,

These are separate issues. It seems that you have established that the proposed purchasers have been given permission to access the property so there is no comeback on that point it would seem. It is up to the executor and I would suggest not unreasonable to allow the purchaser in. Although chopping trees may be a step too far in our minds if they have been given permission there is nothing you can do about it.

The separate point is in respect of the executors duties. The executor has a duty to maximise any assets until such time they distribute the estate, so in addition to securing the property they also are expected to obtain the market value for the asset. If there has or is about to be a transfer of the property at an undervalue there are several possible ramifications for the executor, including issues with HMRC (if inheritance tax will be claimed back due to the lower value achieved when selling the property) and possible personal liability for any loss to the estate and therefore the residuary beneficiaries.

Is the estate due to pay any inheritance tax? Are you a residuary beneficiary under the Will? Had any previous offers on the property obtained surveys and would you know if any issues had been raised causing the property value to dip? Are we talking a considerable amount under the price the property was advertised. Usually the agents would suggest a range in which offers should be seriously considered. It is of course quite common for agents to put a property on the market for the best possible price they could hope to achieve, when in fact the likelihood of getting an offer for that figure is pretty slim.

Currently the market appears to be 'open to offers' and if the property wasn't selling or issues had been found upon survey it may be reasonable that the price was dropped. In addition holding out for the best offer can be problematic if for example the property requires further maintenance during the time waiting for a higher offer. All would have to be taken into consideration when agreeing a price.

Have you contacted the agents? They may refuse (and would be right to do so) but could be worth asking who the purchaser is?

If ultimately the property has been sold at an undervalue then potentially the executor is personally liable for the difference in the price obtained and the market value of the property which would be payable to the estate and be distributed to the residuary beneficiaries. There may also be issues with HMRC who could request the valuation office look into the property value and ask for explanation from the executor.

Are you and your sister the only other siblings. Are you talking and could you both approach the executor for some answers? I suspect that you may need some face to face advice on your best options here but I would try and find out some further information first. If you respond to some of the questions here we may be able to give some further guidance.