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to refuse to cut down my tree?

(202 Posts)
Ellybellyboo Sun 07-May-17 08:48:16

I have a lovely old tree in my garden that my neighbour is insisting I cut down. We've told him no, but he keeps on and on about his right to light.

The tree doesn't overhang their garden at all. This neighbour is behind me. The tree is along the side of my garden and affects no one (we have a field beside us). He's claiming that it casts a shadow and leaves the end of his garden (where he's built a decked seating area) in the shade in the evenings

The tree in question has a TPO and we have to faff getting permission to have it pruned let alone cutting it down

I live in a little housing estate which backs onto a much larger one. Our estate used to be wasteland but did give views of open fields down to the sea. The neighbour in question applied for loads of TPOs in an attempt to stop our houses being built and spoiling his view so I kind of think tough luck

He's always been a bit difficult and constantly complains about anything and everything so I'm not feeling like I want to go out of my way

Iamastonished Sun 07-May-17 08:49:37

Is it affecting the light in his garden though? If it does then YABU.

NoAdventureNoTime Sun 07-May-17 08:50:02

I think we need a diagram.

SunshineDeLaSoul Sun 07-May-17 08:50:08

I wouldn't think he's lying though. Can you prune it loads?

Ellybellyboo Sun 07-May-17 08:52:12

The tree casts a shadow across the end of his garden in the evenings.

It's nowhere near his house, doesn't block light or anything.

Zampa Sun 07-May-17 08:52:22

I imagine if it's got a TPO you wouldn't be allowed to cut it down even if you wanted to.

I think you have an easy excuse there!

If anything happened to the tree (like your neighbour "accidentally" damaging it) I think that the TPO would oblige you to replace it.

Our Tree Protection Officer at our local council was super helpful so maybe give them a call tomorrow and get all of that in writing to show your neighbour?

SophieofShepherdsBush Sun 07-May-17 08:52:28

If it has a tpo there would have to be something intrinsically dangerous about it in order to get permission to get it cut down. Just speak to your local tree officer. They will be able to forbid you to cut it down anyway. Job done. Your neighbour can't expect you to break the law.

SophieofShepherdsBush Sun 07-May-17 08:53:39

Xpost zampa

Crumbs1 Sun 07-May-17 08:54:21

No right to light, I believe, unless their is an ancient lights order.
Why did he build a decked area in the shade?
Tell him no - decking is rather common and trees are for the greater good.

AlternativeTentacle Sun 07-May-17 08:54:28

The neighbour in question applied for loads of TPOs in an attempt to stop our houses being built and spoiling his view

Next time he asked tell him 'I couldn't cut it down if I wanted to. Some dickhead put TPOs on all the trees so that they didn't get cut down for a housing estate as they didn't want their views spoiled so I am afraid you are going to have to just get over it'.

Wando1986 Sun 07-May-17 08:54:48

If it has a TPO then he has no chance. He should have built his decking closer to his house. If it has a TPO then it will likely have been there a lot longer than his fucking decking.

Why are people so patient with arseholes? Just tell him bluntly to fuck off.

SophieofShepherdsBush Sun 07-May-17 08:54:49

If they damage your tree it would be a criminal offence, damage to other peoples property.

AlternativeTentacle Sun 07-May-17 08:54:57

And when he says 'that dickhead was me' say 'i rest my case'.

dementedpixie Sun 07-May-17 08:56:20

There is no right to light. Tell him to sod off

dudsville Sun 07-May-17 08:57:16

Gardens look so much better with trees. And they add privacy. Of this tree is so old the your neighbour bought his place with tree in situ. Did he think he'd just get neighbors to adjust their properties for his benefit?

GlitteryFluff Sun 07-May-17 08:59:44

Next time he asked tell him 'I couldn't cut it down if I wanted to. Some dickhead put TPOs on all the trees so that they didn't get cut down for a housing estate as they didn't want their views spoiled so I am afraid you are going to have to just get over it'.

This^^

Inertia Sun 07-May-17 09:00:35

Can you ask the Tree Protection department of the council to write to your neighbour and explain that there is a TPO and the tree cannot be cut down. Might be worth sending an email so that there is a record in case he damages the tree.

Ellybellyboo Sun 07-May-17 09:01:07

I've reminded him several times about the TPO but he 'knows someone' apparently and says it's easy to get them removed.

He applied for it, so as far as I'm concerned it's just too bad.

He has a huge garden, he could have built his decking nearer the house

booellesmum Sun 07-May-17 09:01:36

Our neighbours trees at the back put our garden in shade very early in the evening.
It would be lovely to not have them but they have TPO's as well and not going anywhere. He can't make you chop it down.
I was more annoyed when I asked our neighbour to the side to cut down a very overgrown Holly tree. The leaves covered our garden and I spent hours picking them up but always missed some that would then end up in the kids feet. After DD2 got an infected foot after stepping on one I asked again and was told my kids should just wear shoes.
I got a tree surgeon to chop it straight up in line with the fence. It looks really stupid as flat on one side but a lot less leaves now.

Blimey01 Sun 07-May-17 09:02:22

Yanbu. He most definitely is..

highinthesky Sun 07-May-17 09:03:32

Spell T-P-O to your neighbour. Then ask him what part of TPO he does he not understand.

Bordersarethebest Sun 07-May-17 09:04:44

From reading threads on here I'm pretty sure there's no such thing as a right to light.

Friends had a next door neighbour build an extension that shadowed their garden but couldn't do anything about it.

Tell him to bog off. The tree was there before he was born and will still be there when he's shuffled off.

Semaphorically Sun 07-May-17 09:08:07

Our neighbour would love for us to cut down the huge tree in our garden. My usual response is "We love that tree, it's one of the reasons we bought the house. We will never ever chop it down." Which has the dual benefit of being true and making them realise there's no point in arguing grin

PollyBanana Sun 07-May-17 09:08:22

We have a similar set up.
Neighbour contacted council before our house was built requesting TPO on several trees on the site.
Now he wants us to cut back these protected trees
Muppet

TheWhiteRoseOfYork Sun 07-May-17 09:08:42

Booellesmum You spent hours picking up fallen holly leaves? But it is an evergreen , surely they don't lose their leaves, only the occasional one if it dries out or something? I don't doubt holly can be difficult to live with if you are constantly brushing against it, but I can't understand hours of leaf clearing from an evergreen??

OP- Yanbu, it sounds like your tree is doing no harm to anyone, just ignore your neighbour.

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