Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
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:
Thread gallery
5
gettinfedduppathis · 07/05/2017 11:11

My view is that if the tree was there before he moved in, then it has a damn sight more right to be there than he does.

I'd write to the council and let them know that someone wants you to remove the tree, that it has a TPO on it, and you are concerned they will take matters into their own hands.

DJBaggySmalls · 07/05/2017 11:12

I'd stop discussing it with him, and put a lock and 'no trespassing' sign on the gate in case he tries to be clever.

WhatsGoingOnEh · 07/05/2017 11:13

Next time he starts up, just say: "I'm sorry you regret where you put your decking, but destroying a vital, oxygen-giving tree which will outlive all of us just so you can enjoy a sunny g&t for the few years you have left on this planet, is pathetic. We are never cutting the tree down. Now go and call a garden designer and find a sunnier spot for your decking."

BreakfastAtSquiffanys · 07/05/2017 11:15

TPO stands for
Tell to
Piss
Off

trixymalixy · 07/05/2017 11:17

Why even bother contacting the council? Don't pander to him, just say no!!

He should have put his decking elsewhere.

Original poster
Ellybellyboo · 07/05/2017 11:17

I think with his 'knows someone' he was trying to imply he knows someone at the council so could get it removed.

He seems to think that as he was only being awkward when he applied for the TPOs, it can be removed easily.

I have to say though, the council don't seem too hot on this. A couple of years ago a developer cut down a load of trees with TPOs and they did nothing.

OP posts:
MaisyPops · 07/05/2017 11:17

He doesn't want new houses. He doesn't like the tree.

God, he sounds like the nimby folk in the a village close to me. They want their nice big house, but tHen get angry that other new houses are going up and they love blocking planning for people who want car porches on their own drives that doesn't affect anyone! They also don't like wind turbines either. It's all about 'sticking up for residents'.

It's like something from Hot Fuzz.

ForalltheSaints · 07/05/2017 11:20

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.

Keep a record of the dates and times he tries to raise the matter again, and if needs be, go then to the police.

Foslady · 07/05/2017 11:21

I'd ring the TP Officer and give them the heads up and ensure they know it's on your land

flumpybear · 07/05/2017 11:21

Speak to the council and get the TP officer or a tree specialist to confirm the tree is healthy and not needing to be removed, just in case he decides to damage it!
Get ahead of him and also tell the council he's threatening you with 'I know someone' talk
If he puts in an application and it's published online get your thoughts together now on how you can defend yourself i.e. Relocate his jeffing decking (ffs stupid man!!)

What % if his garden does it block light to in the spring/summer/autumn and where ... keep a diary of observations and conversations

sexymuthafunker · 07/05/2017 11:29

If the situation was reversed and the tree was casting shade over YOUR garden, what would you regard as a reasonable response from your neighbour?

Could you chop it a lot lower maybe? Or chop it down and plant something in its place? You could ask him to pay for it?

If you really do care about being reasonable it seems fair to try and see things from the other side & try to reach a compromise.

ExplodedCloud · 07/05/2017 11:30

I agree with pp, you should let the council know that he is making noises about the tree and they may choose to remind him of the restrictions surrounding a TPO. A previous owner of a previous house of ours had gone all the way up to ministerial level to appeal a refusal to repeal a TPO.
Take pictures of your tree regularly so that there is proof of how it was in case they prune or damage it.
IME the council's tree people are really, really keen on trees and love anyone who displays an interest :)

ExplodedCloud · 07/05/2017 11:33

sexy even if the OP agreed with the neighbour, the TPO means she cannot legally prune it or alter it without permission from the council.

Witchend · 07/05/2017 11:34

Having dealt with TPO in our old house, we were given the maximum amount we could cut off which was:
30% of main foliage, anything within 10m of the ground (apparently this a proportion of the height) and anything dead.
The only way they'd let you remove it is if it is either dangerous, or there is a very good reason-in which case you'd have to plant an equivalent tree, and then that would be under TPO.

I don't think they remove TPO once they're on ever.

However, the fine for cutting down a tree with a TPO is stupidly little. I think it is less than £1000. I've known a few TPO put on to stop building and it doesn't usually as if you're looking at selling a load of flats for £250K, a few £1K fines for trees is loose change.

GavelRavel · 07/05/2017 11:35

I think the right to light thing doesn't apply if the tree was there first?

millifiori · 07/05/2017 11:36

He's a bully. Our neighbour insisted we had a tree removed as it was too near his house. It wasn't. But we couldn't deal with the constant nagging and pestering and passive aggression. He then planted a tree right beside his house. Its branches touch our roof. I have to trim them regularly. He can't understand why we're pretty brisk and cool with him.

ThreeLeggedHaggis · 07/05/2017 11:38

"No, there's a TPO on it. You'll have to move your decking." Repeat every time.

witsender · 07/05/2017 11:38

What a muppet. He has no right to light at the end of his garden whatsoever.

NavyandWhite · 07/05/2017 11:39

This reply has been deleted

Message withdrawn at poster's request.

BlandWallpaper · 07/05/2017 11:44

YANBU but I don't think you should rule out doing a bit of work.
🌲🌳🌲🌳🌲🌳🌲🌳🌲🌳

, I've several mature trees in my garden and I do keep a check on them partly because they cast shadows and leaves into neighbouring gardens. The trees don't overhang but the leaves still blow over. I'll admit to being far more accommodating to the three lots of neighbours who are nice that to the one guy who is a pain in the arse.

I call the tree surgeon out every 3 or 4 years and he does a gentle prune of the trees so they don't get totally It of hand and continue to look pretty.

SoupDragon · 07/05/2017 11:51

I don't think you should rule out doing a bit of work.

It has a TPO. She can't just get a tree surgeon round to give it a prune.

Sprogletsmuvva · 07/05/2017 11:51

OP, sounds like your neighbour may have 'ishooz' that go beyond the tree. Peering through the fence in order to collar you? 🤔

Once you've heard back from the council, you need to 1) jointly with your OH and 2) by either arranging a meeting or writing a letter, tell him that the tree is staying. 1) is because it's not unknown for people to use the "oh but your husband said..." tactic (see umpteen MN threads). 2) is to reinforce that you really mean it (in the way that bringing it up in a casual encounter wouldn't).

Whatever happens with the tree, be prepared that he will next find something else to obsess over. Here is why a previous suggestion of logging all your interactions is a good one.

CiderwithBuda · 07/05/2017 11:51

Right to Light can't apply as he chose to put decking in knowing the tree was there.

I would just tell him you love the tree and won't be removing it. And point out the financial implications of any damage to the tree. Writ him a note if you don't want the conversation.

NavyandWhite · 07/05/2017 11:53

This reply has been deleted

Message withdrawn at poster's request.

BlandWallpaper · 07/05/2017 11:55

Soup
It has a TPO. She can't just get a tree surgeon round to give it a prune

Yes I understand that but it's not hard to get permission for a gentle 'prune' Its what I do with one of my trees. My tree surgeon sorts it out for me.