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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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5
SoupDragon · 07/05/2017 09:34

I would just say "No" and refuse to engage any further.

AlternativeTentacle · 07/05/2017 09:34

We've told him no, but he keeps going on.

'Which part of no are you failing to understand? This conversation is so over'.

I don't understand why you are giving him a helping hand by calling the council.

namechange20050 · 07/05/2017 09:37

There is no right to light.

If it has a TPO on it no way will the council let you do something to unless it's dangerous. They can also make you replace it with another tree.

Iris65 · 07/05/2017 09:38

Nod and smile. Channel HRH at any number of boring formal events. Develop the patience of a saint and nod and smile some more. While they carry on imagine yourself somewhere beautiful and relaxing. The reply to any question that you are made aware of is ''We should talk about that.'/'Let me think about it.'/'Maybe later.'/'Sorry have to go now.' and any other non committal but reassuring remarks in any combination.
I know someone who does this whenever they have to deal with person like your neighbour. It works like magic once you have the inner calm to do it.

Original poster
Ellybellyboo · 07/05/2017 09:38

I just want a chat to cover my own arse really.

As he applied for the TPO can he apply to have it removed?

What if he damages the tree?

OP posts:
SailAwayWithMeHoney · 07/05/2017 09:39

Start decorating the tree, lights, streamers, bunting, the works, get one of these - www.ebay.co.uk/itm/Cheeky-Tree-Face-tree-ornament-sculpture-statue-decoration-and-gift-ideas-/201908162284?hash=item2f02aa0eec:g:viAAAOSwKIpWCEB6 - and tell him you couldn't possibly cut down your very own Mr Tree Grin

OnTheRise · 07/05/2017 09:39

I don't think there is a legal "right to light", but it's worth checking up on. There are issues if you're putting buildings up, but for trees--I don't think he has a leg to stand on here.

Mummyoflittledragon · 07/05/2017 09:40

Just walk away. Forget contacting the council. He's continuing to accost you because you stop, listen and discuss.

AnathemaPulsifer · 07/05/2017 09:42

If you love the tree just say no! Why humour him with looking into cutting it down? It's YOUR tree in YOUR garden that HE got a TRO for. You believe the tree should be preserved, it's his tough luck if he's changed his mind.

Without the TRO the developers probably would have removed it, so it was his mistake getting it preserved for you to love.

OnTheRise · 07/05/2017 09:43

(Sorry, posted too soon.)

The next time he asks you to deal with it, tell him you are not going to cut the tree down. Then when he persists, ask him "what part of no do you not understand?" Refuse to engage with him. Don't give him the opportunity to insist. He's being rude to you, and you don't have to put up with it.

zen1 · 07/05/2017 09:43

Tell him you won't be cutting it down and won't be discussing it again. There is nothing he can do.

LadyLapsang · 07/05/2017 09:44

Is his garden so small that that is the only place he can sit, if not, he should just move the seating area. Rather silly to place seating in the shade and then expect others to rectify your mistake.

JaneEyre70 · 07/05/2017 09:44

Thank god he did get the TPO put on it - you have the perfect excuse and would have to prove to the council why you wanted to reduce it. Light on their decking would not qualify...........we had a horrendous time with our neighbours TPO protected walnut tree that is around 65% over our garden....we had a huge dead branch on our side and young children at the time and we had to get permission and pay for a licensed tree surgeon just to make our garden safe. The council were incredibly unhelpful over the whole thing and I'd never buy a house with a protected tree within sight again!!!

AnathemaPulsifer · 07/05/2017 09:44

Cross post. Facts check definitely a good idea. Even if he gets the TPO removed though he could only trim any overhanging branches.

insancerre · 07/05/2017 09:46

The right to light applies to rooms in a house not in a garden

C8H10N4O2 · 07/05/2017 09:47

I'm with Tentacle all the way although I would call the TPO to tell them what is going on and that you are concerned that damage may be done to the tree. In this area the TPO have sent form letters to people harrassing owners of protected trees due to the number of developers trying to take out trees via individuals.

But no way to paying money or doing more than a phone call. Ignore the idiot.

LadyPW · 07/05/2017 09:47

Trees with TPO's can only be pruned within certain limits, and only removed if they are diseased. If removed they then have to be replaced by a similar tree & the council will check.
Them's the rules.

Jengnr · 07/05/2017 09:47

Even if he successfully applies for removal of the TPO he can't make you cut it down. Just say no.

sparechange · 07/05/2017 09:50

You could have a bit of fun with this.

Tell him you've spoken to environmental health and also a specialist TPO lawyer, and they've outlined the steps required to remove the TPO so you can get it removed.

Something like... the original TPO applicant has to prepare a 2000 word submission on why they feel the TPO is no longer applicable, including a site survey and a list of the locations of the same species of tree within a 3 mile radius, marked on a map and listed with grid references
He also needs to complete a bird audit, showing the arrival and departure times of all visiting birds over a 24 hour period, including the purpose of their visit to the tree (eating, nesting, sitting and watching, antagonising cats...)
This must then be submitted in person to the mayor on the first Saturday of the month, with a supporting petition of 99 local residents, however due to a local by-law, only houses with even numbers in the address AND postcode are able to add their support
And to help the council identify why he is in the building, he should arrive dressed in brown trousers and a green shirt. Camo hat optional.

And tell him with a very earnest face that you will fully support the process but the council was adamant it could only be done by the person behind the original TPO so you can't actually do the report

Nospringflower · 07/05/2017 09:52

Well, the tree will have grown over the years and it is a pain in the arse to have neighbours trees making your garden not get the sun.

Does it stop the sun? If so could you get it pruned/cut back to improve the situation?

ChardonnayKnickertonSmythe · 07/05/2017 09:53

It's your tree, on your land, and it has a TPO.

Unless the tree is diseased he can go skating.

I hate people like this, cutting a lovely old tree for their own little reasons.

Don't engage. smile, and ignore.

Wanker.

mycavitiesareempty · 07/05/2017 09:54

No YA very definitely NBU.

It never ceases to amaze me that people think they can tell others what to do. My parents had a neighbour like this who was always on at them to cut their perfectly reasonable-height hedge down as it blocked her view. They didn't want her leering into the garden and the hedge had always been there. She was a right miserable old sow anyway and her horrible grandson bullied me mercilessly at school.

Really, it's his problem. If he doesn't like the outlook of his house he can move. Don't give in to a bully. If you do he will find something else to complain about anyway.

eurochick · 07/05/2017 09:55

Just say no. You like the tree. It is staying where it is. Be firm but polite. Repeat as necessary.

Why would you contact the council when you don't actually want it removed?

ThatsNotMyMummy · 07/05/2017 09:56

If you don't want it cut down all him no.

One tree makes a huge difference to local wildlife, its also nesting season so shouldn't be cut back at the moment. He built his decking there, perhaps he should have built it where the shadow doesn't fall at certain times!

I can understand not wanting to go to war over it but honestly if its not something you want to do, don't.

SuburbanRhonda · 07/05/2017 09:57

If he continues to push on this, tell him to stop harassing you as you have given him your answer and the conversation is over.

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