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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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TSSDNCOP · 07/05/2017 10:00

The TPO gives the tree total protection. If it didn't I and my neighbours wouldn't be looking at 60 feet high sycamores that block the view completely from our ground to third floor Windows, just 50 feet from our houses. We don't even want the trees removed (I love trees) , just pollarded which we'd pay for. Neighbour who owns them says no even though it blocks her light completely this time of year.

CharlieSierra · 07/05/2017 10:01

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

Why would you do this? He is clearly being totally unreasonable. Why would you just not say no, clearly and firmly. No, we aren't cutting the tree down. No I'm not going to discuss it further.

TheweewitchRoz · 07/05/2017 10:04

I don't understand why you're even engaging in conversation with him on this - tell him no & you're not discussing it further. Regardless of the TPO, you love the tree & wont be cutting it down so stop entertaining him.

Smallangryplanet · 07/05/2017 10:15

"I'm not prepared to talk about the TPO or tree anymore". If persistent "Is there anything else I can help you with?" Then walk away.

Would I shite be paying for anything.

Sprogletsmuvva · 07/05/2017 10:15

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.

Yup. The big fuss about this was about 15-20 yrs ago, with leylandii. New-fangled species, fast-growing, casting a large shadow so dark the neighbours had to have their lights on even in the middle of the day.

Not at all what the OP seems to be describing.

BigGrannyPants · 07/05/2017 10:28

OP don't call the council. It's your tree it's not overhanging his garden and he has no right to have it removed. If he brings it up again tell him the discussion is finished, it's your tree and you like it. Tell him you will no longer engage in discussions about it and tell him to stop harassing you. Don't be pushed in to anything. The tree is your property and if he damages it then he is breaking the law.

Original poster
Ellybellyboo · 07/05/2017 10:29

I'm not really engaging with him, he just won't give it a rest. He's getting on my nerves now.

I went out in the garden to put the kids guinea pigs to bed last night. Hadn't been out there 5 minutes when I hear 'hello? Could I just have a word?' I turn round and find him peering over the fecking fence. He then starts on about the bloody tree.

I just said, sorry, I haven't got time to talk about this again and went back in, but honestly, he's doing my head in

OP posts:
Original poster
Ellybellyboo · 07/05/2017 10:33

I'm not going to apply to have the TPO removed or anything. I just want to cover my arse if he damages the tree or anything.

I just want to get the cold hard facts, in writing from the council

OP posts:
NightWanderer · 07/05/2017 10:34

I think it's fine to be a bit rude. If he mentions it again, just say you already said no, the tree is staying and you don't want to hear about it again. You don't need to explain or justify your reasons. It's nothing to do with him. The TPO is a red herring. It's your tree, you don't want to cut it, you don't have to cut it, end of story.

Sugarpiehoneyeye · 07/05/2017 10:37

Once you have the cold, hard facts in writing, plus logged your concerns with the Council, with regards to your neighbour damaging the tree, you can then tell him to kindly stop harassing you, and 'NO', is a your only, and complete answer.

CheeseCakeSunflowers · 07/05/2017 10:38

Anyone can apply for a TPO to be removed, it does not have to be the owner so he can apply as easily as you. In the very unlikely event that he was sucessful he could still not remove the tree without your permission. I would leave it all to him myself.

BlondeB83 · 07/05/2017 10:43

'Right to light' doesn't exist except in exceptional circumstances. The TPO would make it difficult anyway. Have you told him about that?

Tall trees can be very annoying though.

BlondeB83 · 07/05/2017 10:46

Just read that he applied for TPO, sorry.

paddypants13 · 07/05/2017 10:48

Just keep repeating "We're not cutting the tree down." every time he mentions it. Or simply say "Got to dash, have a nice day." and walk away. That way you're not being rude but you're not engaging with him. Personally, I'd say nothing and just walk off when he brings it up.

viques · 07/05/2017 10:49

Remind him that the fine for cutting down a tree with a TPO can be up to £20,000. Even pruning one illegally can cost you several thousands in fines. Ask if he is willing to deposit that in your bank account before you let his friend with a chainsaw have at it.

eggsandwich · 07/05/2017 10:53

Even if you get permission to remove the tree the council normally like you to replace it with like for like which I've had to do, I have over the years had 5 trees with TPO's on them I'm down to 3 now as two of them were getting dangerous and I was given permission not to have to replace them.
I don't think your neighbour quite understands the process to carrying out work on a tree with a TPO on it.

RaptorInaPorkPieHat · 07/05/2017 10:56

I just said, sorry, I haven't got time to talk about this again and went back in, but honestly, he's doing my head in

You need to be far more blunt

"We've had this conversation, the tree isn't going and we don't need to discuss it again"

Ceto · 07/05/2017 10:56

Next time he mentions it, ask him to quote chapter and verse about his legal right to light. He won't be able to.

GreyBird84 · 07/05/2017 10:58

I agree you need to tell him the tree isn't going anywhere & you will not discuss it with him anymore.

Anytime he tries to talk, repeat that & walk away.

I wouldn't tell him to F off or anything but I would be very assertive & sharp.

ItsNachoCheese · 07/05/2017 10:59

Id tell him to fuck off if it were me since he is clearly being unreasonable

Original poster
Ellybellyboo · 07/05/2017 11:06

Yes, I should have said I wasn't going to discuss it again. Haven't got time was too wooly.

We have been quite firm with him but I'm now at the stage where I just want to stop talking to him, any excuse will do.

I don't think he really understands how TPOs work. He seems to think we can just have it removed and then chop the tree down. I don't think he fully understands the implication of a TPO

I thought I could get some information, in writing, from the council and give it to him with a letter telling him to stop harassing us about it as the tree is going nowhere.

OP posts:
GabsAlot · 07/05/2017 11:07

people are hilarious arent they

he applied for it so he would have privacy now he wants rid coz its to much shade in his garden

idiot

AttilaTheMeerkat · 07/05/2017 11:07

"Remind him that the fine for cutting down a tree with a TPO can be up to £20,000. Even pruning one illegally can cost you several thousands in fines".

Precisely. I know of someone who was fined well over £2000 for cutting off one branch that he considered was overhanging into his garden.

Nydj · 07/05/2017 11:07

If you want to ignore him then the next few times you are in the garden, put on some headphones and completely ignore anything he says as they are 'noise cancelling'😉. Maybe after a few times of not getting any response see at all from you he will leave you alone when you are in your own garden

Foslady · 07/05/2017 11:11

TPO's are VERY difficult to remove. I used to work alongside a TP Officer. To get the TPO the tree had to demonstrate that it held an intrinsic value to the area and your has. Cutting/Pollarding/removal of the tree without permission is finable and LA will pursue prosecution (she was working on one when I left).
Basically the guy has shot himself in the foot, even if you had to cut down due to the tree dying , you would still have to replant. His 'friend' I bet the friend who can 'help'is just a mate that's said 'Give me an axe, I'll chop it for you'

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