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

Ha !

@thisthanthen: 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.

No, the majority of people are defending your neighbour’s legal right to cut off branches that overhang her garden. nothing to do with liking trees or not.

Your neighbour may be batshit, that’s another argument, but what she’s doing is legal.

Can you talk to her about why she’s cutting off branches so high up?

What kind of tree is it?

If you are in a conservation area then you (and she) needs planning permission to prune it.

Pick up the phone and speak to the conservation officer.

Also post a picture, so that we can see what you are on about.

Your best bet is to get the tree surgeon back and ask about lifting the crown and rebalancing the tree. Then discuss with neighbour whilst the tree surgeon is there.

It sounds as if the tree surgeon advised removal - why was that?

What kind of tree is it?
OP said it’s a London plane.

I understood a TPo to be fairly easy to get.

But, as the pPs tree surgeon partner said, I think you’re a bit unduly worried. If it’s as big as you say I can’t see how she can do damage without getting a. Tree surgeons equipment in to do it.

Best thing is for you to book a yearly tree service to come and trim it up yearly. It’s not a one off thing

Sorry, just seen it’s a London plane. They can grow to 35 metres and have little value for wildlife - according to the Woodland Trust website - so maybe not the best tree to have in a garden, even a large garden?

www.tree-care.info/protectedtrees/conservationareas

Within a Conservation Area all trees have a level of protection similar to trees covered by a Tree Preservation Order.

...
Before working on a tree in a Conservation Area you must give the council six weeks notice in writing of your intention to carry out work

...

All the exemptions listed for trees protected by a TPO apply to trees within a conservation area. In addition, there is no need to notify your intention to work on trees that:
...
Have a diameter of less than 75mm (appx 3 inches) measured at 1.5m (appx 5 feet) above ground.
Have a diameter of less than 100mm (appx 4 inches) measured at 1.5m above ground and are being pruned or felled to help the growth of other trees.

I'd check with your local council - as it does sound like you both should have potentially been talking to them already.

It might not necessarily be permitted in a Conservation Area.

Our Council regulations demand you apply for permission to lop trees even when no TPO exists.

I’m with you OP, some people are obsessed about getting every last square inch of sun to their garden. It sounds like a big difference between what you describe and someone’s light in their house being obliterated by a leylandii 10 feet from their living room.

You say it is unstable in one of your bullet points -’it is getting unstable as of this summer’
In what way is this manifesting itself?

I'd be inclined to speak to another tree surgeon. If one is reluctant to lift the crown, that doesn't mean that another one wouldn't do the job even if not at mate's rates.
Also definitely phone the conservation officer, since your neighbour isn't going to listen to you.

Ok, I'll re word it. Get Another proper tree surgeon to look at it and give you a quote for making it stable. Not just a quote for removal.

You’re not worried about the root damage a mature London plane can wreak on pipes, foundations, paths and the rest?

I'm in the same position as your neighbour.
My neighbour , who's tree seriously encroaches on my garden thinks it's lovely and old. It's not. It's not native, so no tpo, it therefore encourages no native wildlife, and drops piney crap that kills everything under it.
It sucks moisture out of a huge circle, so native plants are hard to grow.
It is very very tall. When she complained I had "shaved" our side of it I explained it was for safety, our safety. So when it fell over it would fall on their house not ours and pointedly asked if they had discussed the level of damage it would cause if / when if falls with her insurance company and asked if she had sufficient cover..as I nor my insurance company have any intention of calling bad tree management an act of God. She has clearly not.
The roots are trespassing into my garden. I have the right to remove those too and am considering it.
She is an ass.

Plane trees are definitely not a tree of beauty!

OP just so you are aware if the tree falls and damages anyone else's property it's your responsibility and you will be liable for any damage.