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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To be fed up with neighbours and not pay for this.

50 replies

LooLilly · 03/04/2012 11:59

Long story but I will try to get to the point as soon as possible.

We have a large tree at the bottom of our small garden. It was there before we moved in. Our neighbours hate it, mainly because in a few weeks time the blossom will come off and cover their garden.
I admit it is too big for a small garden but it does look beautiful. It doesn't block light for anyone. We feel in gives us some privacy as we are very overlooked by other houses.

The roots have forced a fence post to move which caused a panel to fall out. The fence belongs to our neighbours but we have replaced the fence panels and repaired the damage as we agree we are responsible.
There are some branches overhanging the neighbours garden. They are not big boughs but quite thin spindly branches. At the weekend neighbour was again moaning that she wanted me to cut the tree down and she commented that loads was overhanging her garden.

Anyway, she has just knocked on my door to say she has spoken to a tree surgeon. He has quoted £120 to trim the tree. It was clear she expected me to agree and offer to pay. I was a bit Shock and just said I would discuss it with my husband later. She then said if we didn't have the money she would pay and we could pay her back when we had the money.

The money isn't an issue. We are not rich but if needs be we could do it. However, the tree doesn't bother me (as I said it gives us some privacyit looks lovely). The branches on her side could easily be lopped off with a ladder and some shears.

So would it be U to refuse to pay. I know I am being a bit stubborn, I am sick of being accosted about it by her and her family every time I step into my garden.

OP posts:
DoingTheBestICan · 03/04/2012 12:02

POlitely reply that you wont be requiring the services of a tree surgeon as you dont want to chop down the tree.
I think she can legally trim the branches that overhang onto her property but she then has to offer them to you.

wilmot · 03/04/2012 12:06

Do you have a ladder and some shears? It really isn't worth falling out with her about it.
If you can't trim it yourself, then you need to pay someone to do it. The tree sounds lovely, so would be better to let an expert trim it.

JarethTheGoblinKing · 03/04/2012 12:07

Just lop any off that overhang her garden

JarethTheGoblinKing · 03/04/2012 12:08

but if you are happy to get a tree surgeon involved, organise it yourself or you may find more of it trimmed than you'd like!

DonInKillerHeels · 03/04/2012 12:08

She can legally trim the branches on her side of the fence (but NOT on yours), but she is responsible for paying for it.

Actually, it's good for trees to be trimmed once in a while, as long as it's done carefully. But get your own surgeon, not one recommended by her.

BehindLockNumberNine · 03/04/2012 12:09

Phone the tree surgeon, ask him how much it would be to just trim down the overhanging branches. Alternatively, trim them back yourself.
Do not chop down a perfectly good tree that obviously brings you pleasure and privacy just because neighbour does not like the blossoms falling into her garden...

abitlikemollflanders · 03/04/2012 12:10

I think that you do have a responsibility to chop off any that overhang her garden.
If she has mentioned it and you haven't done anything about this then I think the quote is fair enough to be honest. Perhaps she doesn't actually expect you to take them up on the offer but thinks it might gee you up a bit you to cut off the intruding branches? It sounds as if you expect her to do it?

CheerMum · 03/04/2012 12:10

Your neighbour is within their rights to chop off anything that hangs over into their garden, but they must then give the cuttings back to you.

Personally, I wouldn't pay anyone to cut it down but, as the work could be done so easily with a ladder and some shears it might be nice if you did it yourself as it irritates your neighbours so much.

Original poster
LooLilly · 03/04/2012 12:12

I don't want to trim anything off the height, I'm happy to leave it as it is. DH is happy to go and trim whats hanging over the neighbours garden but they want the whole lot doing.
I just think they have grasped on something which really isn't a issue but they have been moaning about it for years now.

OP posts:
MarquiseOfMelburnia · 03/04/2012 12:12

Tell her in the nicest possible way that she is welcome to get (and pay for) anyone she likes to trim the branches that reach into her property, as you appreciate she doesn't want the branches overhanging.

But make it clear that you do not wish for the whole tree (or any of it on your side) to be cut down, and if she goes against your wishes she will be breaking the law.

Can the council not do it for free anyway?

IAmBooyhoo · 03/04/2012 12:13

sorry but the fact it doesn't bother you is irrelevant. it bothers her as it is over hanging her garden. i dont think you should pay £120 to trim it but i do think you should trim it one way or another.

CuffingChunt · 03/04/2012 12:13

Does it really need trimming? We have a cherry tree in our garden and my husband butchered trimmed it Autumn 2010. It needed doing but looked awful hopefully it'll come back this year.
I wish that we trimmed it a few years back because had got a bit leggy (if that's the right expression for the branches of a tree) and had we done it regularly it might not look so bad now.

BTW how small is your garden?

TheProvincialLady · 03/04/2012 12:13

Remind her of her rights (to cut branches hanging on her side of the garden only) and responsibilities (to do it or pay for it herself, if she so wishes). Inform her that you will not be cutting down or trimming the tree, now or in the future, and as far as you are concerned the subject is no longer up for discussion.

We have a large amount of trees and other plants overhanging the back of our garden and it causes a massive amount of annoying shade, but there is nothing we can do about it except the above.

abitlikemollflanders · 03/04/2012 12:14

I would get your DH to do it then, ASAP. Then the matter is closed. You don't need to enter any more discussions about it (until they grow back!) as it really isn't anything to do with her if it isn't blocking light.

pictish · 03/04/2012 12:17

Right well...it's your tree, and that's it - they have to suck it up.
They are allowed to trim off any branches that are overhanging into their garden. Other than that they can't demand anything. It is not their tree.

That's the basics.

You can try and keep it amicable if you like. If they become aggressive in any way, engage no further. If they go onto your property and damage the tree, they can be prosecuted.

thebody · 03/04/2012 12:21

Agree Pictish

albertswearengen · 03/04/2012 12:22

For a bit of goodwill I would prune the tree myself if she will give you access. Aldi have telescopic pruners for £8.99 on offer this week- we've bought a pair for just this job.
However she might not be happy with this. For £120 the tree surgeon must be planning to do more than a bit of light pruning- which probably wouldn't be a bad idea if you don't want the tree to get too big. Depends whether you can afford it.

NoraHelmer · 03/04/2012 12:22

Have you asked your Council if you can get a tree preservation order on it? If you can, do, then your neighbour won't be allowed to cut it down, or remove any of the branches without permission from the Council.

SarahBumBarer · 03/04/2012 12:23

I would refuse to do anything now until after the nesting season :-)

Then what Pictish/ProvincialLady said. They cannot touch the height - only the overhang and any reputable tree surgeon would not cut down any trees (other than overhang) that was on a property other than the one which hired them.

sherbetpips · 03/04/2012 12:25

I would offer to pay half as it is your tree, she pays the other half because she is the one who want to trim it. Under no circumstances however are they allowed to trim the tree on your side. A good tree surgeon will not even lean over into your garden as it is illegal.
As someone who needs to approach my own neighbour about their overgrown trees (which are blocking our light) I know how crazy trees can make people so be patient with them.

Stratters · 03/04/2012 12:29

What sort of tree is it, and how big?

Btw, I agree with Pictish

manicbmc · 03/04/2012 12:29

Overhanging branches in her garden are her responsibility. Pay her nothing, the cheeky cow.

If she doesn't like it, it's tough.

pictish · 03/04/2012 12:29

Honestly? I would not start pruning it for them. There is no obligation to. It's a tree, and when they moved in, the tree was there already. Back then it wasn't theirs, and it isn't suddenly theirs now. There's not an awful lot you can do about a tree, except cut it down, which they can't because it isn't theirs.
They need to forget about the tree. Pruning it for them will only prolong relations surrounding the tree.
They can do what they like about the branches that grow over into their garden. I suggest they buy a set of snips.

JarethTheGoblinKing · 03/04/2012 12:30

Ah yes - don't do anything at the moment incase there are nests! :)

sherbetpips · 03/04/2012 12:30

Also it will be causing shade in their garden even if it doesnt shade the whole garden and the roots will be coming up through their grass making it dry and mossy all around. People who hate trees hate that sort of stuff. Our cherry tree is getting way too big but it has been cut back so many times now the trunk is huge and the branches stick out of the top like bad hair! Will have to wait until the blossom is gone as I cant bear to do it before then.