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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Neighbour asking for unreasonable amount towards a tree.

168 replies

fingerlicking · 04/03/2014 08:19

I have a long garden that attaches to a garden at the bottom from a house 5 doors awa, but split by a thick hedge. The majority of my garden runs along side my direct neighbours house, but our garden and the garden of the house 5 doors away are long and 'kind of' circle the 4 houses' gardens inbetween.

My dh and I were clearing old trees and bushes from our garden as it was really shabby. We topped a number of large evergreens and removed 4 pine large trees and cut back shrubs etc.

There was a 6 foot tree in the middle of the thick hedge at the bottom of the garden that was bent over and collapsing. My dh cut out the tree.

The neighbours 5 doors away were hysterical. They moved to the house about 6 months ago. The woman came over crying because we had removed all the trees and topped others. It has opened up her view to houses, where as before her view was of green trees.

All the evergreen trees were in our garden and we were well in our right to remove them. However, the 6 foot tree in the middle of the hedge she claims was her tree and it was an 'arch' not bent from collapsing.

We apologised (even though we didn't think it was 'her' tree) and said that we really thought it was collapsing and would replace the tree. We offered her £150 towards a new tree.

Her husband came round shouting the odds and my dh felt physically threatened, even thought the guy was going to punch him. They said that they wanted a new tree that was over 3 metres tall, which cost £320. As we don't want to fall out we agreed to the higher amount. Even though it was not a like for like replacement.

Now they are asking us to pay for it to be dug in and they want it in a different position (not in the middle of the hedge at the bottom of our respective gardens), but higher up. This will cost us well over £500 in total.

We know that they want the new tree bigger and in a different position so to block the view of the houses that they can now see because we removed and topped pine trees that we were well in our right to remove in our garden.

We have agreed to the additional cost but I feel really aggrieved. We agreed so to keep the peace. But even after bending over backward to their demands, they are still being really grumpy and rude to us.

I am so upset by this situation. I don't know what to do.

OP posts:
nennypops · 04/03/2014 12:33

I'm afraid that it's because you've been so accommodating that they are being unpleasant: I suspect they are seeing that as an admission that you were totally in the wrong, and therefore they still think they are justified in being nasty because the wife was so upset. If you haven't done so already, send a note confirming that you are agreeing this despite the fact that you did nothing wrong because the husband gave permission (and possibly because it was your tree anyway), and solely in the interests of good relations with them; you trust this will be the end of the matter. At least that takes the moral high ground away from them.

ZenNudist · 04/03/2014 12:34

That's ridiculous. Please withdraw offer. I'd have stood by saying 1)?permission to cut trees given in advance 2) tree definitely broken 3) most you'd pay for out of goodwill is like for like replacement in same spot but being me I wouldn't even do that,

steppemum · 04/03/2014 12:41

they are really taking the mick.
I would :

  1. check deeds. Check who is responsible for upkeep, and also where the boundary line lies. Is the hedge on your side of the boundary, or does the line run through the middle of the hedge? Find out for sure if they have a claim.
  1. Write a very careful letter. Depends on how much you want to pay/not pay (I wouldn't pay anything)
letter would say something like - according to our deeds we are responsible for the upkeep of the hedge (see photocopy of deeds enclosed) On this basis the hedge is ours and so we are have legitimately cut down our tree. For the sake of good neighbourly relations, and to show goodwill, we are willing to replace the tree with an identical tree planted in the same place. We can either plant the tree, or provide a cheque for xx for the amount it would cost to plant an identical tree in the same place. (see yyy site for hawthorn tree at xx pounds)

Or replace first lines with: According to our deeds the tree we cut down was yours. We apologise for cutting it down and will be replacing it with the same tree in the same place on xx date. If you would prefer we can send you a cheque for xx which is the cost of same tree in same place (see yy website for price of tree)

Not one penny more than like for like. Option of planting the tree or giving them the money, (get receipt for the money). If it is your hedge you do not have to give them one penny.

If they are bullies, no amount of nice behaviour on your part will improve neighbourly relations

Sunnymeg · 04/03/2014 13:00

You need to refer to the deeds and if necessary give a copy to your neighbour for their information. Many people assume that they are owners/ responsible for a hedge to the right of their property. This is not always the case. Your neighbours may be making this assumption. Where my Mum lives she is responsible for the boundary to both the left and the right of the property. The deeds are the key to solving this dispute and if you have acted legally, then your neighbours need to get on with it, or put blinds up if the wife doesn't like the view.

wowfudge · 04/03/2014 13:04

Firstly, I cannot believe your neighbour came over crying - I mean come on; that's pretty pathetic. I hope you have said to her that her husband okayed what you told them (out of courtesy only - not to get his permission) you were planning to do? He's now bullying you because his wife is upset about something he didn't give a second thought to, but he is pinning it on you because you cut down the hawthorn in the hedge.

I would just replace the hawthorn in the same place and leave it at that. Send them a note explaining what you've done and some flowers/box of chocs.

For 6 you can get a copy of your title register and plan from the Land Registry website and pay with a debit or credit card for an instant pdf download. If you are in Scotland the system is slightly different. See if anything about boundaries is mentioned in the text or if there are any marking on the plans. If there is nothing, get theirs as well and compare. If there is nothing regarding boundaries on their register and plan then if the hedge follows the line of the boundary, i.e. is not to one side of it in your garden or the other way in theirs, then the assumption is that it is jointly owned unless either of you has something documenting anything different. Don't going paying out money to a solicitors as some have suggested,

I wouldn't pay them a penny - you don't have to. It is perfectly reasonable to replace the hawthorn in the hedge and that would be an end to the matter (only if it is theirs or you jointly own it - you could stick your neck out and leave the gap if it's yours). If they chose to take things further legally, I doubt they would have a leg to stand on if you have fixed the hedge.

It sounds as though you are very principled as you don't want to go back on the offer of money. However, just tell them on reflection you feel that replacing the shrub is sufficient and although she is upset, the other trees were in your garden. Let's face it, give it a couple of months everywhere will look different with new growth.

I've had experience of neighbours being unpleasant when they didn't get their own way. Not nice at all, but I wasn't going to be bullied.

cozietoesie · 04/03/2014 13:31

.......Firstly, I cannot believe your neighbour came over crying - I mean come on; that's pretty pathetic.........

Oh I don't know wowfudge. The OP doesn't know what's going on behind closed doors in that house - and the woman might be affected in all sorts of ways by living with that bully.

steppemum · 04/03/2014 13:36

To be fair, as someone else has said, it probably has made a huge difference to them. Our neighbours have a whole wall of shrubs and trees and when I look out of my window, all I can see is my garden and their trees. I would be pretty sad if it all went. BUT, they are not my trees, and I know I don't have a leg to stand on. If they did cut them all, I would put up trellis and climbing plants. So I do understand she is upset, but the trees were not on their land.

OwlCapone · 04/03/2014 13:37

Buy a hawthorn and replace it in the same place. Report any further aggressive and threatening behaviour to the police.

Eatriskier · 04/03/2014 13:41

There are also some very weird people out there. My now deceased mental neighbour threatened to take the neighbours the other side to court if they didn't take down a tree in their garden and make good the damage. As her neighbours were about to exchange contracts they decided it was easier to remove the tree and had a surveyor round to assess the damage to mad neighbours side - none found. Mad neighbour then proceeded to tell the new neighbours (with tears et al) how distraught she was that the tree had been felled and offered them a load of money to plant one in the exact same place Confused.

Eatriskier · 04/03/2014 13:42

All of which was not the mad neighbour's land nor on the boundary either...

summertimeandthelivingiseasy · 04/03/2014 13:42

You need to check some boundaries and have some quotes done for the tree, before handing any money over.

Fortunately solicitors are more friendly than you neighbours and will give you a free half hour, before demanding money.

Coconutty · 04/03/2014 13:48

This reply has been deleted

Message withdrawn at poster's request.

Braganza · 04/03/2014 14:09

Your deeds are unlikely to show you whether the tree was yours, as the scale would be too large.

However, they are massively taking the p*ss with asking for £500. A large (2.5m) bareroot hawthorn would be about £30 max (check out Ashridge trees), and you could plant it yourself as long as you have a spade. No point buying anything larger as it's unlikely to take. Given that it's not clear whose tree it was, this would be pretty reasonable. £500 is not.

steppemum · 04/03/2014 14:25

Braganza- it should show who is responsible for the boundary hedge/fence and it should show the line of the boundary, so you can see if the hedge is on your side of theirs, or if the boundary runs through the middle.
We can certainly see that on our deeds

Braganza · 04/03/2014 14:42

Yes the deeds will show who is responsible for the boundary, but from the OP saying the tree was 'in the middle of the hedge', it's not clear which side of the boundary it grew. 6 inches one way or the other would define ownership, and you can't tell this from the deeds. The boundary is a hedge it will have grown out so the demarcation line might have moved one way or the other enough to make it unclear.

ToootSweet · 04/03/2014 14:43

You're a complete mug if you pay them anything.

Cranky01 · 04/03/2014 14:51

If you do pay ( which I think you will) make sure that you physically pay for the tree and the contractors to dig up the land, or pay after the work has been done.

Imagine giving them the money and they spend it on something else

Facebaffle · 04/03/2014 15:04

I can't belive that you're pampering to thier demands. Why agree to that amount of money? Confused

I would withdraw your offer and ignore them. Keep a record of any discussions you have had in case he gets nasty again.

Have you got any photos of your garden before you did the work? They may come in handy.

WhereYouLeftIt · 04/03/2014 15:21

It sounds as if your neighbour has read your 'extreme reasonableness' as 'weakness'. Give in to his unreasonable demands now, and he will be on your back forever, pushing for more, more, more. Please do NOT pander to this man, you will be making a rod for your own back Sad.

Pollyputthekettle · 04/03/2014 15:35

Ascertain who's tree it is. If its theirs then replace like for like. I have a similar neighbour who tried to get us to pay for his fence. He was very rude so I dug out my deeds. Showed him it was his fence and therefore his responsibility and smiled sweetly whilst leaving him the bill. Some people will take a yard if you give an inch. The secret with these types is to not give an inch in the first place.

PrivateBenjamin · 04/03/2014 16:01

Agree with Whereyouleftit that you'll make a rod for your own back by giving in about this.

If the deeds show that the tree was on their side of the boundary then replant the same type of tree in the same place. If it's on your side then tell them to go fuck themselves. They don't like that their view has been changed by you. What next? Will they insist you build them a gazebo, plant a huge trellis, put a hot tub in? They're taking the piss out of you.

People like this see your being reasonable as a weakness they can exploit. They are arseholes. Also invest in CCTV and if the angry man comes back around then call the police. You don't have to deal with him, you haven't done anything wrong.

dammitsue · 04/03/2014 16:02

I'd send them a bonsai tree and a note telling them that this is all the tree they are mugging out of you.

expatinscotland · 04/03/2014 16:07

He can only bully if people let him. I'd tell him to go and fuck himself and spend the money on CCTV all over my house and tell him if he flicks with me or my stuff he will find himself locked up.

judyandthedreamofdonkeys · 04/03/2014 16:20

is this for real...you asked him prior to cutting the tree he said he didnt care now wants a £500 tree. im sorry id be telling him to F off...

he's a bully dont just put up and shut up for a simple life as you've tried doing that and they're still acting like muppets

spend 500pounds getting cctv and tell them to do one if they get aggressive phone the police

steppemum · 04/03/2014 16:21

What I mean by being able to see the boundary line is this.

You garden is (for example) 30 feet long. The map drawn on the deeds should show you exactly how long and where the boundary lies. eg it lies in a straight line from the corner of the house.

The deeds may not be clear enough, or the difference may be too small to work out, but often, if you measure the distances, and look at details like straight line from xx point, you can then see where the actual line of the boundary is. When there is a thick hedge, it sometimes then becomes obvious that the whole hedge is on one side or the other.
There is a hedge at the bottom of our garden that is completely on our side of the boundary line, so it is ours. You can tell because the line of fences down the other gardens are dead straight.
Of course if the line goes down the middle of the hedge, it is pretty impossible to work out whose tree it is.

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