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Original poster

Neighbour's tree

49 replies

onceinablue · 06/12/2023 17:01

My next door neighbour has a tree which is growing within 3 feet of my home. The tree is now so tall that the branches are resting on the roof of my bungalow. I have spoken to my insurance company legal department and they have told me to write him a letter asking him to arrange pruning or removal of the tree at his own cost. When I write to him do I tell him he has 7 days to do the work from the date he receives the letter?

OP posts:
notafraidofthebigbadwolf · 06/12/2023 17:05

No, that's far too hard to achieve! Be nice. They perhaps weren't aware that it was a problem and no-one can get tree surgeons out at the drop of a hat. Ask that it be done some time in the new year before trees start to bloom again and birds look for nests.

MrsKwazi · 06/12/2023 17:06

Why would he need to do the work within 7 days? How do you even organise that, surely a tree surgeon needs to make an assessment of the tree?

HappyHamsters · 06/12/2023 17:09

Agree with pp, 7 days isn't achievable. A tree surgeon needs to assess it, he may need access from your side, removing the tree may lead to damp, have you spoken to him about it.

isittimetoflounceyet · 06/12/2023 17:11

There might be a tree preservation order on it. They might not be able to afford to pay a tree surgeon hundreds. It might be the wrong time of year to prune that type of tree.

How long has it been a problem?

randomstress · 06/12/2023 17:12

It takes ages to find a qualified tree surgeon, get them to come out at assess and then actually come to do the work.
Seven days is a ridiculous timeframe OP, it also would be the any discussion would be about the timeframe and not any work or payments.

HappyHamsters · 06/12/2023 17:14

Plus you would need someone who is happy to go onto your roof

IsItOverYetAndCanIComeOutNow · 06/12/2023 17:14

If there’s a TPO in place, they’ll have to get permission from the council to prune it. That’ll take longer than 7 days to gain.

FloofCloud · 06/12/2023 17:14

Just be nice and civil and give ultimatums if you have to.
Keep in your diary though about dates and conversation, follow up with email

SleepingisanArt · 06/12/2023 17:25

We had tree work done (in our garden) earlier in the year. It took over a week to get the company we've used before to find a space in their diary for the assessment and quote. It was then a further month before they had a free date to come and do the work. Trees did not have a TPO on them - here it takes several months for the council to agree work on TPOs... So a 7 day ultimatum is not realistic - and what do you plan to do if the 7 days comes and goes?

Legally you can pay to have the branches removed from your side, you need to inform your neighbour before you do the work but you will have to foot the bill.

Original poster
onceinablue · 06/12/2023 17:44

There is no TPO on the tree. Friendly conversations have taken place numerous times over the last 6 or 7 years with the neighbour promising "I'm having it taken out". Well, I'm still waiting for it to happen! I have offered in the past to split the bill with them, no response received. I offered to pay the full cost, no response received. The problem with getting the branches removed from my side is that any tree surgeon would need to go on to neighbour's property to do the work because the wall to my property is built on the boundary (as all the properties were in this street) and neighbour won't give permission. Unless, I suppose, as someone mentioned above, the tree surgeon is willing to sit on my roof to do the work.

I have been more than nice and more than patient and it has got me nowhere.

OP posts:
KatBurglar · 06/12/2023 17:52

7 days is unrealistic, he’d struggle to schedule one that time.

WhyamIinahandcartandwherearewegoing · 06/12/2023 18:05

Don’t offer to pay either x

Mynewnameis · 06/12/2023 18:10

I have the same problem. I get a tree surgeon to cut to our boundary and i pay. The tree looks lopsided but the neighbours don't care. It was banging on my window (the tree).

CyberCritical · 06/12/2023 18:37

onceinablue · 06/12/2023 17:44

There is no TPO on the tree. Friendly conversations have taken place numerous times over the last 6 or 7 years with the neighbour promising "I'm having it taken out". Well, I'm still waiting for it to happen! I have offered in the past to split the bill with them, no response received. I offered to pay the full cost, no response received. The problem with getting the branches removed from my side is that any tree surgeon would need to go on to neighbour's property to do the work because the wall to my property is built on the boundary (as all the properties were in this street) and neighbour won't give permission. Unless, I suppose, as someone mentioned above, the tree surgeon is willing to sit on my roof to do the work.

I have been more than nice and more than patient and it has got me nowhere.

Edited

So you are wanting to get some firm commitment and I can see why if you've spoken with them about it before.

You do however need to be reasonable and realistic, it's December so you've got Xmas New Years and weather to deal with and it's an outdoor job.

I think it would be reasonable to say that you expect a response from them within 14 days confirming their plan for trimming/removing the tree and providing you with dates for when the activity will be completed.

HappyHamsters · 06/12/2023 18:57

Can you force him to cut it? Is it easier to arrange for the branches to be cut on your side only via the roof, is he liable for the work and costs?

Original poster
onceinablue · 06/12/2023 19:00

I know you are all correct in saying that I am being unrealistic asking for a response within 7 days. But I am so frustrated by this person's lack of response. I will send the letter but I will say I want it done by the end of January. Does that sound more reasonable?|

What would be the best way to send the letter to ensure he receives it? I won't get a signed for option because he won't answer the door to the postman or anyone else. Is there any Royal Mail option to just get a proof of delivery?

OP posts:
Brahumbug · 06/12/2023 20:01

There is not point in threatening your neighbour as they are under no legal obligation to cut the tree back or remove it. If it is trespassing into your property then it is up to you to mitigate the trespass by having it cut.

GOODCAT · 06/12/2023 20:13

I would speak to him first and let him know that your insurer has told you to formally write to him. When you speak, try to agree a time frame and include that in your letter.

The first letter should be friendly. After that you can escalate it into the sort of letters you would send before going to court over it.

However right you are, do everything you can to remain on civil terms. You have to declare neighbour disputes when you sell. You have to live next to him. Easy advice to give, I know.

Getthethrowonthesofa · 06/12/2023 20:15

Um, so you give him a time frame, and then what op? You can’t just give him a time frame, you need to say why and what will happen if he doesn’t meet it, do you even k ow yourself?

and just pop it through the letterbox.

Pumpkintopf · 06/12/2023 20:24

My tree surgeon is booked up with work until April.
So no, seven days is not realistic and besides as this is a letter you're writing yourself not eg a solicitors letter it is clearly not legally enforceable.

Brahumbug · 06/12/2023 20:26

@GOODCAT
After that you can escalate it into the sort of letters you would send before going to court over it.
What exactly would you be going to court over? You can't make him cut the tree! OP would be laughed out of court. Best hope is to offer to pay for the work if they won't do so themselves.

pawsandponies · 06/12/2023 23:33

FYI a good tree surgeon won't need to go into your neighbours side, they can in 99% of cases get into the tree from your side and have a right to do so as they are removing branches into your property.

I'm married to one and you would not believe the amount of times this occurs. That also being said its unlikely you can force them to cut the tree down either, you will just be told to reduce it to your boundary

StandByMode · 06/12/2023 23:48

Under section 7 of the interpretation act 1978, a letter sent by first class royal mail is deemed to be delivered two days later.

"7. References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post."

Get proof of posting

Runnerduck34 · 07/12/2023 00:03

If you arent in a conservation area or there's no TPO you can cut any overhanging branches back yourself or by paying your own tree surgeon.
You can't force neighbours to fell.
If it is in a conservation area or has TPO you need to apply to local council for permission to do any work to the tree. But you can apply even if you're not the owner to cut the tree back to your boundary

Original poster
onceinablue · 07/12/2023 11:42

I've just been outside to have another look at the tree and the tree appears to be rotten and leaning towards my property. If I were to get a tree surgeon in it and pay for it myself it looks to me as if I would have to have the whole tree removed to prevent it falling onto my property. I don't think neighbour is going to co-operate in any way.

OP posts: