Can I stop a neighbour cutting over-hanging branches if it damages the tree?

[thisthanthen]

Between our gardens is a large tree. Our gardens are in an L shape to each other. The way the sun falls pretty much all the shade of the tree is in my garden, except very early morning. Directly underneath though it’s obviously not easy to grow stuff I appreciate though, but as I said shade is minimal to her garden. The tree is large, 1930s houses and possibly older than them or near the same age. There are about 6 trees between gardens nearby, but she hates this in particular. It disrupts her garden borders of what grows (immaculate garden)

She keeps cutting lower branches on her side to a fair height. The tree is now noticeably unbalanced with more weight on our side at the bottom. I’m worried about the stability of the tree. It wouldn’t hit a house if it fell, but it would be a huge huge mess to the garden, shed and outbuilding.

Can I stop her doing this? I really like the tree, I take the hit for the shade (I like 50% of the garden shaded in the summer). It’s crept up with a branch taken every now and then to the point where it’s lopsided. I may be paranoid but in the winds it seems to have a fair sway

Sorry the L shape is relevant as the tree is at the top short end of the garden, whereas to me the tree is at the top middle of the garden and cast shade straight down my garden. To her it’s at the side at the end and nearly zero shade

No, it's her legal right.

You could get a tree surgeon in to advise rebalancing by taking some of the weight off your side if necessary.

It depends if your in an area where trees are protected. Where I live you need a licence to do any work on trees. There is no right to chop over hanging branches and only recommended tree surgeons are allowed to touch them and only if it is needed. Although I am aware the usual is that you can trim anything overhanging and give them back what you have chopped

The trunk is about 80% on my side of the boundary but has gone a bit over. We have the fence bulging round it and it’s maintained without a gap

I worry the branches up and up both sides also would result in the death of the tree

No, you can’t stop her. The alternative is that you pay for a tree surgeon to sort out your tree so that it doesn’t overhang her property, retains a decent shape and doesn’t die through being mismanaged.

Pay for a tree surgeon to balance it out.

I too would lop branches off that affected my garden. It might not bother you but it clearly bothers your neighbour.

You say it's damaging the tree. Is it 'really' damaging the tree or is it that you now don't like the aesthetics. A tree surgeon would advise on how to maintain both the aesthetics without disrupting your neighbours enjoyment of their garden.

Tree surgeon!

Maybe I just can’t relate. It’s an attractive old tree, lots of birds and squirrels. No shade issues apart from a semi circle directly under. What’s the awfulness of a tree? Big gardens

I think it’s just a way of getting rid of it Tbf. We took off about 4/5 lower branches at first but this is getting to top windows height

It’s her right unless a tpo is on it to cut off any overhang. Your tree shouldn’t encroach on her garden.

That's why a tree surgeon could advise on how to keep tree healthy. You need a tree expert's advice.

If you won't maintain it, what are they supposed to do?

It is her right. You have a choice to do your bit to keep the tree healthy or not.

It is unlikely to fall over if it has fewer branches on one side, so don't pretend it is a safety issue.

It’s not ‘my’ tree in that I planted it, it’s just a very old tree that was probably there before the houses. I’m just accept to accept it, and do quite like it.

It seems the view is that trees are bad here though. Encroaching on gardens.

I have spoken to one tree surgeon, but he is a friend and pushed a quote on removal at mates rates and didn’t get back on the rest. I know from then spring it was safe, but major branches came off again way higher this summer. Up to over 50% of the height I’d say

I would disagree on the safety issue, it’s massively heavy on one side and far less stable. The crown is missing to nearly 50% of the height on one side, up to first floor windows. Considering the lower branches are heavier it’s made it massively different on weight distribution.

It has been maintained, I have spoken to a tree surgeon in spring, I have taken off a fair few branches.... but if this carries on all the way to the top the tree goes as it’ll have no branches....

I am in total polar opposite to you. I wouldn't like it, and would cut it back my side.

You can't seem to accept that I, your neighbour, and others feel differently to you.

It's not really up to you to decide whether it should bother her or not. If it does, it does, and if it's in her garden it's up to her what se does.

Echoing PP about a tree surgeon.

Good grief.

"it’s massively heavy on one side and far less stable."

If you're so bothered about the health of the tree then get the tree surgeon to cut back your side, to match hers, so it is equal and healthy and thus safe - that will solve your safety concerns.

If it's in your garden then it is your tree and you have a responsibility to maintain it. Your neighbour cuts off branches to minimise the impact to them.

If you can't or don't want to get it trimmed by a tree surgeon then what do you expect your neighbour to do?

You don’t have the right to grow anything in your neighbours garden. Unless there is a tree protection order, she can cut the overhanging branches,

To be honest you are coming across as a little entities, I like it so so should she.

I am surrounded by neighbours tree that grow right against my fence. The grass has stopped growing underneath them and some branches touch my house. Despite this one neightbour threw a hissy for when I trimmed branches - not even the neighbour who owned he tree!

I think it’s neighbourly to maintain your trees so they don’t encroach if that cases a nuisance. It’s not for you to determine whether it’s a nuisance if it’s growing into someone else’s garden

You can't ignore trees. They need to be regularly maintained or they become dangerous over time.

You have a choice - go halves with them to get it felled or let them trim their side. Assuming they use a proper tree surgeon and not an odd job man, the tree surgeon will know what/how much to trim without damaging it.

I’ll recap in bullet points to aid comprehension

-I have spoken to a tree surgeon, most recently in spring

• I have taken lower branches off to balance it for a few years

-it is getting unstable as of this summer

The issue:
She seems willing to go to the top of the tree taking branches as a means to kill it. She’s reached first floor window height.

I have a reasonable idea she will, she dislikes it and has bark ringed two other huge trees to kill them through methods (her business having big dead trees to overhang her garden, they don’t stretch to me). I presume that semi-cut back and not producing sap they don’t damage her plants or produce leaves to shade much so she cares little about dead damaged trees. Her behaviour isn’t always rational.

It’s your tree if it’s in your garden doesn’t matter who planted it. If your worried get it matched your side.

But I see from this thread that the majority of people do not like trees, and I am in the minority on liking the wildlife/ greenery aspect and that realistically it’s ending up felled through some means or other.

I wouldn’t say I’m entitled, but I would admit to genuinely not understanding people. I like nature and am happy with it near me. The tree was there before me and with a bit of are would be there long after me, I simply have no urge to interfere with it.

So you are dug into a neighbour died and are each as bad as each other.

And from your last post you are hot headed and patronising and she is a bit batshit.

If you can bother be grown up maybe you could have a conversation. Regardless of the height she is allowed to trim overhanging g branches. If you are concerned it’s killing the tree (though not sure if this is true or just an excuse) you could offer to get a tree surgeon to reshape the whole tree so that it so that it’s no longer a nuisance.