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

“Bullet points to aid comprehension?”

Wow, aren’t you a treat.

Why not god more trees, but I;the middle of your garden, so they are fully in your space and you can control them?

It’s not about hating trees, it’s about being reasonable about what is appropriate for urban settings.

A mighty oak is a beautiful tree, but I don’t want one in my tiny city garden.

But I think you are one of those people who will never compromise and thinks they are right and anyone with a slightly different position is wrong and stupid.

We had many conversations, I’m not having a war with her. She’s not horrible, but can be irrational over many things in conversation. She can be very kind, but she can be a bit bizarre too and fixated on things. I do reasonably thing she’s going for this aim, and bar one of them having a massive fall or getting squished in the process she’s aiming for the top. We’ve even helped her with a few very low huge ones in the past purely because we were worried for their safety trying it.

You say you are not sure about safety, it is very obvious to look at. I can only explain the issue accurately, if you want to seek deeper meanings, attribute a different set of facts you prefer or disregard parts completely it’s just a different discussion. I have factually in bullet points laid out the points as they are. There is little else I can do.

You are confusing two matters. Many people on here love tree and wildlife, but also understand that she has a right to remove your over hanging tree.

Not tiny city gardens....

I really wish that there was a rule that trees had to be in the middle of gardens and not on boundaries.

Op: “AIBU?”
Every subsequent poster: “YABU”
Op: “No, I am not! (Stamps foot) You are all tree-haters!”

The issue here is that you neighbour is determined to remove all branches over hanging her garden up to a significant height by the sounds of it. I don't think you can stop her so you will need to look at keeping the tree safe and healthy or admit defeat, remove it and plant another further in. Check for a TPO before doing anything.

It rather depends on the size of your gardens and how much the tree is encroaching. From what you've said it seems it isn't encroaching on you as much as it is on your neighbour?

If the branches are overhanging her side of the fence then yes it is within he rights to cut them back.

If the tree now poses danger then ask the tree surgeon back and get a revised opinion since things have changed since he saw the tree in the spring. Seems you need to rebalance it but I understand you not wanting to lose it completely due to the nature that finds a home within the branches.

The issue:

Isn't what she is doing, she is well within her rights to remove overhang into her garden of a tree she doesn't want. The issue is what you are not doing.

The tree is yours (regardless of whether you or previous owner planted it), it is now encroaching her garden/property and your responsibility to ensure it is healthy and stable or remove it.

And yes, if the tree is as old as you believe check with your council re whether it has a TPO.

Comprehension frankly for some did seem a bit off? Eg I say when I last spoke to a surgeon and some pop on to say ‘if you not going to maintain it...’ etc? Or is that not a bit strange?

Is the whole site now aibu? With posters just out to disregard any thing anyone say and pile in with comments and mild insults about the OP?

Fair enough if someone asked something ike ‘have you seen a tree surgeon’ and I said ‘no, it’s costs too much’ then it’s a fair point.

Or if I said we were in tiny city gardens or something whatever than would be another fair point. But if we are talking a huge tree, that could fall without hitting anything and only shades a fraction of her garden then that’s clearly not the case is it.? Ok if someone in their city garden doesn’t want a tree- but it’s tangental at best for this?

Ring the council. Maybe they could advise you?

I'd be sad tho. I like trees.

I love trees. But my neighbour has trees planted just over the boundary all along our gardens and it puts fully half of my garden in damp shade all year round. Last time they got them trimmed they only did their side so DH and I have hacked them back as far up as we can reach.

You need to pay to get the tree properly trimmed, maybe Pollarded. It's your tree as it's in your garden, makes no difference if you planted it or not.

I said early on the truck is 80% in my garden, maybe 20% hers. The majority overhangs me, and all the shade falls to me, except obviously directly under it. Maybe a 6ft radius semi circle from the fence is for shade plants. Grass not affected or anything. We’re not talking tree from hell, it’s not an oak

I really wish that there was a rule that trees had to be in the middle of gardens and not on boundaries.

That would be such a good idea. There could be a height restriction to trees on boundaries and you could plant bigger ones, within reason, in the middle of the garden. I regularly chop big massive branches off my dickhead neighbours tree.

You're worried the tree is unsafe. Get a proper tree surgeon to look at it and advise (not just a friend who says he'll remove it). Do it now while there are no nesting birds etc. Job done.

OP it doesn't matter if it only shades a bit of her garden. You don't get to say well you have 80% of your garden so it shouldn't bother you.

Yes you asked a tree surgeon in spring. It makes no difference as clearly it wasn't trimmed sufficiently for your neighbour hence cutting off more branches. You need to approach a surgeon again and ask how to trim the tree so you still get enjoyment but it satisfies your neighbour. If that isn't what you want to do then accept that unless there is a TPO she can trim her side.

@FadedRed

Firstly, this is not aibu. I’m asking for advice in chat. Deliberately as I thought it may be a place for a more sensible and factual discussion. I wasn’t asking iabu, I was asking for advice on something I wished to do and if it was possible. Ok people hate trees, I was asking about if there were options.

So more:

Op: does anyone have advice
Others: yabu! I want this! And this is what I really think is happening!
Op: exaplains again in an attempt to be clearer
Others: yabu! No advice unless these are the real facts!
Op: head in hands

What sort of tree is it?

@Biggles398 it was a proper tree surgeon. Why wouldn’t it be? He was also a friend of hers, but it doesn’t disqualify him from being a tree surgeon. Why presume this? I said it was a tree surgeon. It was a tree surgeon

"But I see from this thread that the majority of people do not like trees, "

Errr. NO. That's not what I said. I love trees.

I've got a very beautiful one in our communal garden.

is there a tpo on it?
if yes, only a tree surgeon should do work on the tree to preserve it in line with the conditions. a permission might be needed to do any work on the tree.
in that case your neighbour would be committing an offence cutting branches off.

Can you raise the canopy?

Most people don't hate trees but your ndn is within her rights to cut branches back to the boundry. You cannot stop her.

I understand that she is approching the top of the tree and obviosly doesn't like the tree. Can you speak to her to find out what are her intentions? Is she going to continue all the way to the top or at what height is she going to stop?

I imagine the problem is the bulging fence. I have to aggressively trim my neighbours tree that overhangs on my side because the fence is my responsibility and she is a cunty fucker who, despite being told her tree is ruining it, won’t pay. If the fence is your responsibility you could have a quiet word with her and reassure her that you will pay for any replacement and the tree to be trimmed.