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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Yet another Neighbour Dispute Thread!

75 replies

scotchbunny · 02/07/2017 21:43

I am very happy to accept that I am the one being unreasonable, however I'm quite keen to figure a few things out about the following situation.

I have a leafy tree bottom right corner of my garden. There when we bought property and as it was quite high we have maintained it and cut it every couple of years.
Next door neighbour are older couple who are incredibly precious of their immaculate garden. They complain to me frequently, various things, there is a plant of mine poking through the fence, the tree is still too big, the leaves that drop in autumn blow into their garden etc etc. Biggest bug bear is the tree and even though we cut last year all overhanging beaches, which when I say over hanging they prodruted 1-2 foot at the height of the tree.

Today she came round again complaining, however this time quite verbally threatening. She has consulted citizens advice and says she'll have it removed and bill me. Then she said she'll take it even further and consult a solicitor. I have explained we maintain it within our budget but last year cost of full removal was expensive beyond belief. Plus it's a nice tree and does give me a degree of privacy from a house behind my garden.

Is this true, legal? Can she remove it and bill me?

OP posts:

EssieTregowan · 02/07/2017 21:44

It's not legal. And if she removes it without your permission she is committing a crime.

Patriciathestripper1 · 02/07/2017 21:46

No she can't. She can cut overhanging branche on her side but she has to give the branches back to you.
There is nothing she can do about the tree.

rascallyrascal · 02/07/2017 21:48

The tree is in your garden. She can't do anything about! She sounds like a nightmare!

zombiesarecoming · 02/07/2017 21:48

She can't touch it legally other than to prune overhanging branches at her own expense and has to return them if doing do

Narnia72 · 02/07/2017 21:50

Get the council to come and put a tree preservation order on it. Contact your local planning office to see if they'll help. We have a specialist tree man at our council, his life's work is to preserve trees wherever possible. Unless it's causing subsidence problems, or is dangerous, I don't see how she can make you cut it down.

Percephone · 02/07/2017 21:51

No! She can't remove it. The worst she can do is trim overhanging branches. If she is abusive you can report to police. If I were you I'd stop trimming the tree just to make a point, but then I'm not very nice.

UnicornSparkles1 · 02/07/2017 21:51

Not legal.

SleepFreeZone · 02/07/2017 21:51

My neighbour is equally batshit. No she can't. Let her spend her money on legal advice that will tell her the same. If she comes into the garden or pays someone to try and cut it down, ring the police.

Mouikey · 02/07/2017 21:52

I love it - she is absolutely trying it on. As Patricia says she can cut the overhanging branches (and should return them to you), but any more is not legal. She certainly cannot come onto your land and have it removed - that would be trespass (at the least). I'd explain that to her and be very clear that if she took that course of action you would have her arrested.

MakeMeAFloozy · 02/07/2017 21:53

Codswollop.
Anyway, I've read that having mature trees appeal to buyers more if you were ever to sell in future. It certainly impressed us when we viewed my house for the first time. So don't let them bully you.

elsie07 · 02/07/2017 21:54

Our neighbours rent their house and there is a stupidly large eucalyptus which shades one half of our garden. We've tried to get the landlords to remove it but they won't and it is incredibly expensive because we've had quotes. I know there is nothing we can do and your neighbour is lying.

mineofuselessinformation · 02/07/2017 21:55

Stop trimming it at all other than what suits you.
If she speaks to you again about it, remind her that under the law the only thing she is allowed to do is trim back overhanging branches.
She's trying it on.

blueskyinmarch · 02/07/2017 22:05

Your neighbours are having a laugh! What on earth makes them believe they can destroy your property? I would make sure they are aware they cannot do this before they sneak in and remove the tree without your knowledge.

laureywilliams · 02/07/2017 22:05

I think she's bluffing and there's little she can do.

I've been on the other side of this though.

Is the size of the tree in proportion to the garden? Is it massive/block light etc

Does it ditch thousands of leaves every day in the Autumn that they constantly have to clean up?

If so then perhaps its antisocial and you should consider removing or seriously reducing the size of it. Has she offered to contribute to having it removed?

What is her actual issue with it?

Would you like to get rid of it if she paid?

DailyMaui · 02/07/2017 22:10

Of course she cannot remove it - it is your tree. BUT... is there any way your tree is really affecting their garden?

I have some trees right on my border (the trunks are against and pushing my fence) and if my neighbours don't keep them to a reasonable height then my garden really suffers. I've had loads of plants die and this year I had an huge area of dry bare earth across the top of my garden where nothing would grow. I have a small garden so this makes a massive difference. Also the main huge tree is affecting my retaining wall (we are at the bottom of a hill) and I've had a surveyor in. He recommended the tree be pollarded but my neighbours will not do it.

We have always offered to pay half, always kept lines of communication open but it IS stressful. And several years ago they planted another tree right next to the fence... this will cause problems next year. I will never ever buy another house with trees on my boundary.

I love trees, honestly love them. But when your south facing garden is in shade most of the day because of a massive tree then things can get tricky.

I'm not taking her side. But is there an impact on their garden that you may not be seeing?

EssieTregowan · 02/07/2017 22:14

I live next door to the woods. Great big trees, possibly hundreds of years old. They shade half my garden and in the autumn the grass is completely carpeted with leaves.

I love it. It's one of the reasons we love this house so much. People are weird about trees. What's antisocial about a tree fgs?

laureywilliams · 02/07/2017 22:18

Trees in the woods sounds wonderful.

If you have an enormous old tree in a small urban garden, blocking the light from all your neighbours and dropping thousands of leaves... that's very different.

Its all about context. Surely you can see the difference Essie fgs?

zombiesarecoming · 02/07/2017 22:21

If it's an enormous old tree in an urban garden it's probably been there a lot longer than the houses built around it

Original poster

scotchbunny · 02/07/2017 22:22

Phew, thanks all. She tells me CAB have advised her that she can pursue this. I'm thinking she would have to consult a solicitor and get an order? She mentioned the council would remove it and bill me however it's my private property?
There is some high hedge law thing however this tree is not evergreen, it does not effect light to her property only the corner of her garden.

I'm happy to maintain it every other year, and we reduced its height from about 20/25 foot to 12/15 foot approx for them and for evening sun in our own garden.

If she'd been polite about it, however her threatening rude tone was awful! And she's kicking off about a clematis vine that poked through her fence, she told me she'd photographed it. I said to her it's inevitable that garden growth may encroach to another garden, feel free to chop anything down however she disagreed. She reckons nothing is allowed to grow into her garden or touch her hanging baskets through the fence

OP posts:

laureywilliams · 02/07/2017 22:28

She can indeed pursue it but I doubt she'll get anywhere.

The height of the tree is only relevant if we know how big the gardens are.

thereallochnessmonster · 02/07/2017 22:30

She's batshit. If any of your plants go over to her side of the fence' she can trim it. She has no right to do anything to the tree. Nasty woman. Ignore.

DailyMaui · 02/07/2017 22:31

Yes Laurey - we used to rent a house in a London suburb that had a tiny garden totally overshadowed with a large tree. This large tree didn't impact the garden owner because of the orientation.

Yet our tiny garden was in shade all day long and we spent many hours sweeping up their leaves.

Now I watch the boundary tree with trepidation. And I love trees. I'm currently growing a silver birch and flowering cherry to replace a hideous evergreen in my front garden area. But I also want some light on my land. We are urban. If I had a massive country garden it wouldn't matter so much. Again, it doesn't bother my neighbour because of where their trees are in relation to their usable land. They are in an area of garden they never use. But for me, their trees mean lack of light in my garden, my house... its actually quite depressing.

greendale17 · 02/07/2017 22:35

The council will not come and cut down a tree on private property

Your neighbour sounds crazy

Original poster

scotchbunny · 02/07/2017 22:40

I have a fairly big garden, its long, good spacious garden. I'm rubbish with estimating but I would say 20 metres long, 15 wide.

OP posts:

IdaDown · 02/07/2017 22:45

YY to pp who advised getting the local council 'tree' officer in.

I have a protected tree in my garden - there are ups and downs to this. If it does get a preservation order then you can't have any remedial (pruning etc..) works done without informing the council and getting a proper tree surgeon in.

However, your neighbour will also not be able to prune any overhanging branches either.

Even if the tree does not require a protection order, your neighbour can't just cut off branches - you can't do anything that would cause the tree to die/permanent damage.

Also, depending on the size of tree and type of soil you have, cutting down a tree (or damaging so severely it dies back) can be harmful to your house foundations.

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