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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to refuse to cut down my tree?

201 replies

Ellybellyboo · 07/05/2017 08:48

I have a lovely old tree in my garden that my neighbour is insisting I cut down. We've told him no, but he keeps on and on about his right to light.

The tree doesn't overhang their garden at all. This neighbour is behind me. The tree is along the side of my garden and affects no one (we have a field beside us). He's claiming that it casts a shadow and leaves the end of his garden (where he's built a decked seating area) in the shade in the evenings

The tree in question has a TPO and we have to faff getting permission to have it pruned let alone cutting it down

I live in a little housing estate which backs onto a much larger one. Our estate used to be wasteland but did give views of open fields down to the sea. The neighbour in question applied for loads of TPOs in an attempt to stop our houses being built and spoiling his view so I kind of think tough luck

He's always been a bit difficult and constantly complains about anything and everything so I'm not feeling like I want to go out of my way

OP posts:
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Mouikey · 07/05/2017 09:11

There is no right to a view. Right to light is somewhat different, but in my understanding is about habitable rooms not decking in the back garden.

The tree has a tpo on it - in essence he is requesting that, at your expense you pay to get a tpo application, get it cut down and disposed of and plant another tree (which you will be required to do). Is there anything wrong with the tree? Is it diseased or causing damage to property? No, well the likelihood of getting consent to fell is near enough zero. I'd also point out to your neighbour that you would be required to replant a mature tree IN THE SAME LOCATION! So he won't benefit anyway!

I'd would politely remind him of the tpo (that he requested) and that you have informally checked and the council wouldn't support an application in the event you were so inclined to make one.

If you were wanting a little fun and had some spare cash I might make an application and your justification would be 'my neighbour keeps harrassing me because he has built a deck in the shadow of the tree and requests it's removal' at the end of the day it's the truth and you could then give him a formal decision of the council!!!

Original poster
Ellybellyboo · 07/05/2017 09:13

Thanks!

I'll give the council a call in the morning.

TPO or not TPO, I like the tree, I don't want to cut it down.

He gets on my nerves, he's always bloody moaning about something or other so I just don't feel like I want to be helpful.

OP posts:
gregoriesgirl · 07/05/2017 09:15

YANBU. He chose to put his seating area in the shade, he just has to deal with it. Our neighbours have some rather large trees and they cast some shade on our garden but they also give us a pleasant view and lots of birds so I think we're winning. We just have three seating areas in our garden and sit on whichever one is in the sun or shade depending what we want at the time.

Original poster
Ellybellyboo · 07/05/2017 09:16

I think he thinks that because the only reason the tree has a TPO is because he applied for it to be awkward, we can get it removed easily.

It doesn't work like that.

I guess the only way to shut him up is to apply, then show him the paperwork when it's refused but it's pissing me off that I have to faff about doing it and pay for it

OP posts:
TheFaerieQueene · 07/05/2017 09:18

Trees in a garden dropping leaves and casting a shadow. Fucking outrageous!

Intransige · 07/05/2017 09:20

If there was no TPO would you chop the tree down? If not, don't bother with TPO faff, just tell him you like the tree and you're keeping it. Suggest a sunny spot in his garden that might suit the decking better.

gregoriesgirl · 07/05/2017 09:20

Talking of trees, our bloody neighbours are out with a chainsaw doing god knows what at 9.20 on a sunday morning Angry

Nessie71 · 07/05/2017 09:21

How long has the tree been there? Longer than the houses?

booellesmum · 07/05/2017 09:22

**TheWhiteRoseOfYork

**Booellesmum You spent hours picking up fallen holly leaves? But it is an evergreen , surely they don't lose their leaves, only the occasional one if it dries out or something? I don't doubt holly can be difficult to live with if you are constantly brushing against it, but I can't understand hours of leaf clearing from an evergreen??

Believe me they do lose leaves - only the old ones but it was a massive tree so they covered the top of the garden!

Oscha · 07/05/2017 09:23

I think he's being unreasonable BUT, as someone who's neighbours trees cast such a shadow in our garden that grass wouldn't grow, I can't tell you how delighted I was when they finally cut them down. It has transformed our garden. I never asked them to cut them down though I moaned constantly about how selfish they were for years 😉

Oscha · 07/05/2017 09:23

^ whose

WhatALoadOfOldBollocks · 07/05/2017 09:24

Maybe next time he moans tell him the tree was there before his decking and ask why on earth didn't he build it in another part of his huge garden, one that wasn't in shade during certain parts of the day?!Confused

SuburbanRhonda · 07/05/2017 09:24

Why are people so patient with arseholes? Just tell him bluntly to fuck off.

Two reasons I can think of off the top of my head: 1) arguments with neighbours can affect the sale of your house and 2) not everyone is as rude as you.

happypoobum · 07/05/2017 09:25

YANBU

Fuck him.

AlternativeTentacle · 07/05/2017 09:26

I guess the only way to shut him up is to apply, then show him the paperwork when it's refused but it's pissing me off that I have to faff about doing it and pay for it

no no no - do not do this.

Let him attempt to get it removed and then tell him you have no intention of cutting it down as you love it.

SophieGiroux · 07/05/2017 09:27

Don't go paying for an application, why should you? If he's so desperate then he can pay for it but if you don't want to remove it anyway then he will have to put up with it. Tell him to move his decking to a sunnier part of the garden.

Also right to light only applies to rooms inside a house and even then doesn't always happen so he definitely has no rights over a small part of his large garden.

AlternativeTentacle · 07/05/2017 09:28

I don't doubt holly can be difficult to live with if you are constantly brushing against it, but I can't understand hours of leaf clearing from an evergreen?

I can assure you holly leaves do fall. I was over the moon when our neighbour's finally died off and all the leaves finally stopped growing.

ChasedByBees · 07/05/2017 09:29

You like the tree, you don't need to pay for investigations into the TPO (that he applied for) to be removed to look into chopping down a tree you like!

Jut say no. It's not happening. He had a choice of where to place his patio, he chose the shade.

I would just say, "I've considered your request. We like the tree and we're not going to chop it down. You can move the patio if you wish. I don't want to discuss this any further."

If he goes on about right to light, get him to investigate it. He'll find he's wrong. You don't have to get involved and waste your time.

Original poster
Ellybellyboo · 07/05/2017 09:29

The original housing estate was built in the late 80s and the tree was there then. As far as I know he moved in about 15 years ago. My house was built 12 years ago.

A friend of mine grew up in this area and he remembers playing on the wasteland and climbing the trees in the 70s

He wasn't bothered about the shadow it cast on his garden when he applied for the TPO to protect his view.

OP posts:
AlpacaPicnic · 07/05/2017 09:29

You need to start worshipping the tree. Hang streamers and ribbons from it, garlands of flowers, bit of chanting and dancing round it.
Stare him in the eye. Tell him that the tree gives you life. To touch it would be akin to assault.

Original poster
Ellybellyboo · 07/05/2017 09:32

Sorry, crossed loads of posts.

Thanks.

We've told him no, but he keeps going on. He started up again last night - he's got worse since the evenings started getting a bit lighter.

I just want him to shut up about it once and for all. He's a pain in the arse

I will speak to the council tomorrow and see what they say.

OP posts:
TheGentleMoose · 07/05/2017 09:32

You could have a TPO put on the tree if there isn't already one on it...

That would protect the tree. It clearly needs protecting.

Goingtobeawesome · 07/05/2017 09:32

We had a tree with a preservation order on it and when it wasn't looking too well we had a tree surgeon come. On his advice we had the council come and they allowed it to be taken down as it was dying and dangerous. We had to plant the same kind of tree in its place as part of the agreement.

GinnyBaker · 07/05/2017 09:33

I think he's wrong about a TPO being easily removable. We had a tree in our front garden that was near the pavement. It had a TPO, but we got a letter from the council telling us it was in danger of falling on the public and we had to have it taken down within 60 days. But we also had to apply for permission from another council department for permission to take it down, and they refused Confused. Our local councillor had to get them to agree, which ended up being two big branches being cut down, as there was no way they would allow it to be fully removed.

InfiniteCurve · 07/05/2017 09:34

Well it's his own fault,if he's built decking in an area that is in shade during the evening he can't exactly complain that,well,it's in shade in the evening..Hmm