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

Further points:

-it’s not an inner city yard. Good size garden, conservation area with plenty of trees in fact so frankly a weird place to move if you don’t like trees
-I’m not generally having issues with her, it’s just a tree issue. She’s not going to discuss this though
-I have no other trees, I’m not growing an unruly Forest here. No shade on her house or damp or whatever. It’s being imagined quite wildly. Not relevant to he rights/ wrongs here- but it’s clearly winding up some posters so I’ve answered it

OP in fairness your spelling and punctuation means your posts are not particularly clear. I think that may be some of the issue.

However, your neighbour is well within her rights. You should formulate a plan to make the tree safe that doesn’t include forcing your neighbour to tolerate its shade.

It’s her fence but we have it straight and gap free, she has a small dog and we do this for her happily. My husband is good with carpentry work. The nearest planks are cut to shape and we replace them now and then. By bulging maybe I wasn’t clear, not bulging untainted, probably a poor word choice. Curved in shape towards us a little so it can be cut to shape best, it’s curved but flush

@bobear, yes I accept that. I’m multi-tasking, cracked screen and frustrated and my grammar and punctuation has gone to pot.

OP you are making odd statements here.

I am surrounded by trees. I love trees. But I don't like ones on boundaries and I don't like them in my garden given that I think they should be maintained all the time.

People have given you advice on what to do and that's accept your neighbour doesn't like the tree and get a surgeon back to discuss options to remove the overhang whilst keeping the tree for your benefit.

I agree, OP. The pile-on was quite ‘AIBU’.

Is there a way to get a protection order on it if that does anything ?

I do think you are being slightly unfair though ... just my opinion could you perhaps suggest you will arrange a tree surgeon to come and maintain it for you both as a neighbourly thing to do ... but also save the tree ? How much more would it cost to maintain both sides

I think we paid £100 to have a row of trees cut back due to over hang all along the back of our fence ( they still don’t allow grass to grow as think ever green variety but some branches were resting in fence and shed so was needed / we personally like the privacy of the trees ) that wasn’t mate rates either so yours sounds like a good deal and you can manage the trees ling healthy future

I love trees. In fact, I’ve planted over 50 trees on my land in the last 10 years. But there are also some older trees on the boundary with various parts of my land that cause me issues, and I have taken back the lower branches so that the tree and the area around it is easier to deal with. Someone who does this does not ‘hate trees,’ it’s very much their right to trim back any branches overhanging her garden and she doesn’t have to give a reason for you as to why she’s doing this. If she is actually trying to kill the tree as you suggest, lopping higher up branches is much more difficult than stripping a ring of bark from around the base. If you were communicating on this matter, you would know why she is taking the branches back so high. It may be that they do cause her a problem that you are unaware of, or it may be that she is unaware her methods are causing other problems on your side. But if the tree is on the boundary, it needs to be maintained to the satisfaction of both parties. Expecting your neighbour to put up with unwanted overhang from your tree and then complaining when she does something about it isn’t going to work in the long run.

I'm with uou OP - The tree was there when she bought her house and she should respect it

It's interesting that when people complain about schools, pubs churches spoiling the enjoyment of their home, people always say, 'You knew it was there when you bought your house'

Well she knew the tree was there and I wish people would have a bit more respect for nature rather then trying to control it in their nice neat gardens.

If you love trees and nature as much as you say OP then you’ll realise that nothing grows steadily month on month. Climate, conditions and your neighbour’s actions will have influenced growth patterns since Spring.

In your situation I’d employ a professional tree surgeon again as it’s their area of expertise and they can assess exactly what’s best for the tree right now.

It’s her right unless a tpo is on it to cut off any overhang.

This is the situation. If you've tried talking to her and you've already been using a tree surgeon to mitigate damage but still feel there is an issue then you your next steps would be check for a tpo or ask council about process of getting one.

But currently - no you can't stop her however much you love this tree.

OP

HAVE YOU CHECKED IF THERE IS A TREE PROTECTION ORDER?

I used capitals to hopefully aid comprehension as umpteen posters have asked this and while getting huffy about nobody giving any advice you have failed to answer this question. It is a valid question and will affect the advice anyone would give.

I love trees, hate seeing them harmed or removed without very very good reason, so I would like to help you, but your tone on this thread has been confrontational and at times a bit condescending, you're not real helping yourself.

I suggest you give up responding to negative people on the thread it will only make the whole time of the thread spiral more negatively.

I have some questions please;

1. What species of tree is it
2. What was the advice from the tree surgeon you spoke to?
3. Have you checked for a TPO?

@thisthanthen
You say you are in a conservation area? Have a look at your council web site, also ring them, they should have someone in charge of trees, and stuff.
You could ask about a Tree Preservation Order. It doesn't mean the tree can't be cut back, but it has to be done properly, and the work approved.
www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas

There is no TPO, I asked the tree surgeon who said he wouldn’t have been able to do the work.

Sorry I though this would be inferred as getting a professional in, which I have said I have done, would have meant I would have had to apply for work on it/ know there was a need to apply for work on it.

London Plane

Ah! Beaten to it by wiser posters. I'll crack on with the ironing then.

@fazakerleyjackie are there different rules for TPOs in conversation areas? We are in one, I know from the pain of applying for a new front door once. Painful

Sorry @soupforbrains I see you are offering advice, I apologise if rude to you.
Just from a place of frustration I’ve had a ‘fuck it then’ head on.

There are usually different rules for chopping trees in conservation areas, you need to look at your council website or ring them.
Just because tree is in a conservation area does not mean there is a TPO on it though.
However, you could ask for one to be put on it, via local authority.
Have a look at the link and your local council website.

Thank you- I’m exploring the online info now

If you love trees and nature and whatnot, then allow nature to take its course. Think of your neighbour as a disease attacking it by stealth, a piece at a time.
The tree may or may not survive, and if it falls, you can have a wonderful decade watching the insects and fungi that flourish on the bounty.
Do you know what species of tree it is?

We have several trees in our garden, I love them. We also have one on our boundary, although the trunk is fully in our garden.

We still get a tree surgeon in every year to keep them safe, tidy and have them kept under control size wise out of consideration for our neighbours.

If your tree was well maintained rather than just left to do its thing, maybe your neighbour wouldn’t mind it as much. If you honestly believe she is trying to kill it then why not get it balanced so there is no issue with it falling and no concern about it being killed?

Ok. So there is no TPO. Fine. That makes it less likely that you can get support from council/legally. But there may still be things you can do.

What species is the tree please?
Why did the tree surgeon say he couldn't do the work? If it was because you would need planning permission it suggests that the tree IS protected in some way.

Also, found this on Garden Law web site

Tree Preservation Orders
"To protect a tree of group of trees or woodlands a local authority can make a tree preservation order to prohibit felling, topping, lopping or up-rooting or other wilful damage to listed trees. The local authority takes enforcement proceedings against the wrong doer in the Magistrates Court. The court can impost a fine not exceeding scale 4 which at the present time is £20,000.00 and can require replanting of the tree.
In order to make a Tree Preservation Order the local authority has to give the land owner written notice and advertise the proposed order in the newspaper. Objectors have 28 days in which to make written objections.
Once an order is made, only the local authority can enforce it. A concerned member of the public can apply to the local authority as soon as they are aware that a tree is at risk, but that person cannot take action on their own behalf."

www.planningportal.co.uk/info/200126/applications/60/consent_types/14 oh good grief what is it I have to do to make the bugger clicky

Partner is a tree surgeon, he says: neighbour can cut bits of tree on their side of garden without your permission. Even if this was damaging your tree you can do nothing about this. The damage that cutting high branches would do depends what type of tree it is and how mature it is. Some varieties of mature trees cope less well with pruning than others. But overall most trees can take a fair amount of battering / hacking etc without dying. A good tree surgeon can make it look nice/ more even.