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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To ask the man next door to cut down his trees

241 replies

FeynmanDiagram · 08/05/2013 18:27

I'm having some problems with my neighbour and created an account to hopefully get an impartial view from you. I'd be grateful for your feedback.

Approximately five years ago a new neighbour moved next-door to me and inherited a garden that was a bit of a mess. We'd had problems with the previous neighbours garden in that the trees at the foot of the garden overhung quite badly into ours. In the end the we managed to get them to cut them back, but the problems haven't stopped.

Now the same trees are so high that they are blocking the sunlight from getting into my garden in the morning. I'd like to be able to enjoy breakfast in the summer sun from the comfort of my own garden, but can't because of the height and the fact that they are covered in ivy.

Rather than going through the courts, I approached my neighbour and explained the situation and he said he'd go away and look into it. They weekend he came back and said that he'd gotten quotes, but said that he wanted me to pay half!

I told him how in no uncertain terms how ridiculous it would be for me to have to pay for his trees to be fixed when its him that's causing the problem. Especially since I'm on a single income and they are both young professionals with no children.

What are your thoughts? AIBU?

OP posts:
valiumredhead · 09/05/2013 09:09

We are going through the same atm OP. HUGE trees that have been neglected and never been pruned so are blocking the light. Neighbour is having them cut back at HIS expensive. Iirc the council were involved as trees that are too tall/neglected can be a hazard if too close to houses. Worth ringing your council and seeing what they say.

Floggingmolly · 09/05/2013 09:09

a little shocked at being asked to go halves as they're his trees
His trees. Op's problem.
If I was the neighbour and op had the nerve to approach me again, I'd set the dogs on her.

digerd · 09/05/2013 09:12

Yep, that would put anyone's back up. He'll refuse now, I bet. Don't blame him.

iiiiiiiiiiiiiiiiiiiiiiiiiiii · 09/05/2013 09:13

To be fair the OP has already admitted she behaved unreasonably.

StanleyLambchop · 09/05/2013 09:17

Just my pennies worth..

The trees are deciduous, not evergreen so they would not come under the High Hedge Act. Even if they did, then you would have to ask the council to do an inspection, pay your non-refundable fee, and here's the rub- the council is obliged to look at it from both sides and allow your neighbour the right to put his side. They may then decide he has no case to answer. So it is not a done deal that you pay your money and the council tell him to chop his trees down!

Going through legal channels will cost a shed load more. You would have to pay for a survey to back up your case- again you cannot just turn up at court and expect the judge to order the removal without good reason. Right to light for your cup of tea is not enough, it would have to be for something quite serious like structural damage to your house. The fact that he has made an offer to pay 50% of removal costs would also work in his favour- the courts would probably say that was reasonable and you should have accepted it rather than dragging him through the legal system for something so trivial.

Finally, is the land on his side of the fence the same height as on your side? It could be that he is higher, in which case the trees will appear taller on your side, but the height will be measured from the side the trees are growing in.

If I were you, I would accept the 50% deal. Or shut up about it. YABU.

digerd · 09/05/2013 09:17

I think it depends on the council. We have council trees that have got much too tall, but they have refused to reduce their height, just cut the lower bits that were scratching the cars that drove past.

And depends on the person complaining - some are never said no to and others are ignored Confused

StanleyLambchop · 09/05/2013 09:22

Digerd- it probably depends on the individual circumstances of the tree and the problems it is allegedly causing, rather than the person complaining. The council have to weigh up all the factors and make a decision- sometimes it will be the 'wrong' decision, depending on which side of the fence you are (excuse the pun)

QuintessentialOHara · 09/05/2013 09:59

But the ivy is evergreen not? Would he be required to get the ivy off the trees?

digerd · 09/05/2013 10:03

You don't know one of my neighbours - she has a way with her and always gets what she wants. The neighbour opposite they fobbed off and didn't do what they promised to do.

Just a few weeks ago, the council arrived to do some little job, and she charged up to them and got the men to do what they did not have on their list.Shock
She is awesome < wish I had what she has got>

digerd · 09/05/2013 10:09

No, not ivy. It caused, on council land, a tree to break some of the branches and they were lying in the road, and others hanging over.
The neighbour opposite got fed up of waiting for the council and arranged to do it himself and they would collect the branches. They never did despite phone calls gallore.

digerd · 09/05/2013 10:11

ps.
The ivy is still engulfing the council's tree which used to bloom in spring and not now as ivy has smothered the budding processSad.

digerd · 09/05/2013 10:14

pps
And spread to our gardens which are plagued with ivy now.

iiiiiiiiiiiiiiiiiiiiiiiiiiii · 09/05/2013 10:17

digerd. If you don't like the ivy it wouldonly take a moment to cut through the stem at the base of tree. Advice and links are given earlier in This thread.

diddl · 09/05/2013 10:22

Pay half?

Lucky you!

When our neighbour asked-we said OK-he arranged it all & we paid nothing!

quietlysuggests · 09/05/2013 10:26

This reply has been deleted

Message withdrawn at poster's request.

melika · 09/05/2013 10:27

OP, I would be on my knees to the neighbours to get the trees done asap.

Before some tree hugger decides to slap TPO on them!

digerd · 09/05/2013 10:32

The problem is that if the ivy could be killed from the base, it could fall from the tree onto the cars passing by , small , narrow cul-de-sac- pulling braches with it.

Haven't found anything that will kill the ivy in my garden < growing through fence from neighbour> or at the front, near the large ivy covered tree. Can't find the roots either as they grow in the most inaccessible places. Confused < grimace face>

digerd · 09/05/2013 10:33

branches

iiiiiiiiiiiiiiiiiiiiiiiiiiii · 09/05/2013 10:43

If you kill a lot of ivy on a tree the ivy dies very slowly. If bits of ivy did falloff they would not be heavy at all and it usually stays attached to the tree anyway. I would have no reservations at all about killing it.

Ivy rarely kills tree although it prefers to grow on weaker or dying trees.

I would cut the stems of the ivy (you need to cut a big hunk out of them as the 'cut' part can reattach itself to the root part) you then need a stong weedkiller (a stump killing one) to put onthe base. You could try digging out the roots but it would be extremely hard work).

The info is on the link I gave earlier in the thread.

You have to keep on top of ivy and pull it up or chemically treat it as soon as it reappears.

There are lots of other less invasive and prettier plants and shrubs you can use if you want to encourage wildlife

EldritchCleavage · 09/05/2013 12:26

Why don't you apologise to tree-owning neighbour for your initial response and say you'd now like to accept his offer. Nothing much to lose, is there?

thompson369 · 09/05/2013 12:31

I haven't read through all of the above messages but I had this situation too a few years back, as far as I could work out you have no legal right to light so going to Court would not get you anywhere. Therefore I offered to pay the full amount (£250), my neighbour said yes and IMO it was money well spent as my garden is now not overlooked by trees at all.

FreedomOfTheTess · 09/05/2013 12:33

YABU

You are the person who has asked him to have them cut down, because they are blocking your light, so it's only right you contribute.

petra27 · 09/05/2013 12:46

I have read the whole thread and I still think this is a reverse thread because otherwise I am baffled that anyone who can write an articulate, considered OP can be so completely unreasonable.

There is no right to light in law.
You have no legal right to limit the size of these trees.
There is no legal right to police your neighbours aesthetic choices Confused
In short you have no remedy whatsoever at law.

All you can rely on if you want the trees cut is your neighbours good will.

They went to the time and trouble to get a quote for work on something that didn't bother them but they knew bothered you AND offered to pay half and you declined to pay the other half???

The reason you ALSO had trouble with the previous neighbour 5 years ago is because you are being ridiculous.

Pull yourself together, realise how unreasonable you are being, go round and apologise for your behaviour, offer to pay for the whole thing or suck it up and eat your breakfast in the shade.

diddl · 09/05/2013 13:11

'Tis sad to me that people just want to cut down trees all the time.

I love them!

Shame so many houses are so close that they're seen as a nuisance.

lljkk · 09/05/2013 14:04

My mother bought a house with potential great views but blocked by neighbours' trees.

My mother (then only sporadically PT employed) paid for the trees to be cut down; never considered not paying the full amount. She reckoned the value added to her house was far greater.