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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:

ChristmasFluff · 03/07/2017 10:04

I definitely wouldn't compromise, as I think the only reason this has escalated is that the OP has been so very reasonable, going beyond normal decency, in what she has done already. If this woman had been told the legal position in the first place, 'well, legally you can prune overhanging branches, so please go ahead, ' you can bet your bottom dollar she'd have let it go and found a less boundaried neighbour to harass. The OP being very accommodating in lowering the height of the tree and doing the pruning for her has shown her vulnerability. With people like this, you have to be firm. The compromise has all been done. Now it is 'line in the sand' time. Keep saying no, no and no. Say you've investigated the legal position and you are no longer going to be trimming the tree for her.

Original poster

scotchbunny · 03/07/2017 11:34

She has her own fence running alongside mine! They didn't like our fence many years ago. We have nothing attached to their fence but anything that grows through, even a single twine and she complains. I keep all my garden in check but if it's rained for a week and I miss a single twine she's taking pictures apparently

OP posts:

ElleMcElle · 03/07/2017 11:42

Oh dear. You've got a right one there, OP. Time to start keeping a diary of aggressive interactions & times in case you need to build a harassment case in the future. Is it worth trying to "humanise" the situation by telling her how this is personally upsetting for you - or has it gone beyond that?

inkydinky · 03/07/2017 12:08

Oh is that true about the hanging baskets? Our neighbours have several on the other side of my fence. The sort that sit against it. When they water them the water runs straight down and I'm sure it will rot it sooner than it should. We're currently not speaking due to parking wars so I'm not sure I can face bringing something else up. But it would be a good thing to have up my sleeve next time they call me a bad neighbour

inkydinky · 03/07/2017 12:09

Sorry didn't respond to OP. Everyone else is right. Council wouldn't cut it down even if it was on council land!!

Secretsweets · 03/07/2017 12:13

We had exactly the same - one day my neighbour informed us that she had arranged for it to be cut down !! I said well I quite like it but I m happy for it to be pruned right back. Woke up one Sunday morning at 8am to the sound of chainsaws - looked out the window and there was a bloke at the top of the tree cutting branches off. We went out for a while - but he carried on until the whole tree was gone. Completely.

metalmum15 · 03/07/2017 12:41

Inkydinky Yes, if you own the fence, neighbours can't paint it/attach anything to it/lean anything heavy against it like garden tools, soil etc. without your permission. Anything that reduces the fence life or places a heavier burden on it. It amounts to criminal damage, and they're liable for any repairs! Google the law and file it away for future use

Allthebestnamesareused · 03/07/2017 13:17

Solicitor here:

Law re overhanging branches etc:

They can cut back anything overhanging and have to offer you the branches cut off. However you do not have to accept them back. If you decline them they have to dispose of them themselves.

JoffreyBaratheon · 03/07/2017 13:21

OP, I just read upon this today as my my neighbours (the nuts ones who kick dogs etc, posted about before) are now complaining about our front garden's 'high hedge'. So I took a look here:

www.rhs.org.uk/advice/profile?pid=408

(Council houses). Council told me that by law the hedge can't be above 6 foot. But I see from here it can be 2m (6 1/2 foot) and in fact it does not constitute a high hedge if it is mainly deciduous. Which mine is.

I'm leaving it. I'd cut it immediately if they were normal human beings. But they're vile. And I don't want my kids looking over and seeing their domestic violence/casual dog cruelty. Council have told me it never happened as I didn't film it, and even if I ad "It's all in the past" so doesn't matter. Then said the prats had complained about my hedge.

So the answer is - depends what type of trees you have. If deciduous or mainly deciduous - it's not a high hedge.

Original poster

scotchbunny · 03/07/2017 13:39

It's a beech deciduous tree!

OP posts:

inkydinky · 03/07/2017 14:55

Thanks metalmum. Filed!

kali110 · 03/07/2017 15:17

Tell her if she wants to waste money do it.
Keep a log of ALL behaviour she does to you.
I would think about a protective order on tree.
You like your tree and it would massively piss her off
Would she even then be able to trim it?

metalmum15 · 03/07/2017 15:35

Inkydinky

Hillarious · 03/07/2017 15:43

Don't put a TPO on it. Apart from anything else, it makes it more expensive when you do want to do work on it, as you need to apply for permission.

Just maintain it as you are at the moment, and continue with the broken record of confirming what you're doing, and don't get into an argument with her. Smile nicely. That' s much more infuriating for the neighbour.

TheMerryWidow1 · 03/07/2017 16:20

she hasn't got enough to do but have a moan about everything. Ignore her.

ProfYaffle · 03/07/2017 16:33

I was a CAB advisor until recently, they absolutely will not have told her she can get the tree cut down. Their advice is here (you need to scroll down a bit)

badgercat · 03/07/2017 22:13

Christmasfluff has it spot on imho.

She asked (fairly reasonable request)
you complied.
She told you (bit much but you want to keep the peace)
You complied
She demanded (completely against your wishes)
You refused < that is NOT part of the script and now her controlling little self has to go above and beyond to show how unreasonable YOU are.

I'd write a recorded delivery letter stating she does not have permission to touch the tree and you in no way grant her access to do so. no further discussion on the matter

PenguinOfDoom · 03/07/2017 22:22

We're in a not dissimilar position. Large tree, we get it cut regularly but neighbour doesn't like it being there. Tried to get us to cut it down, told politely to jog on. He then engaged a tree surgeon to cut it down while we were on holiday. Fortunately, the tree surgeon knows me and thought it seemed a bit odd so he called me. Confronted neighbour on our return and he pretended it was a 'misunderstanding'.

diddl · 07/07/2017 18:05

"Fortunately, the tree surgeon knows me and thought it seemed a bit odd so he called me. "

I would have thought that even if they didn't know you they can't just cut a tree down in someone elses garden!

PenguinOfDoom · 07/07/2017 20:59

Tree surgeon said neighbour implied that I knew and was in agreement. It was only afterwards that he stopped to think it sounded off and called me.

diddl · 07/07/2017 21:26

"neighbour implied that I knew "

That wouln't be good enough though, would it?

Can you imagine a tree being cut down in your absence & then to add insult to injury you are given the bill?

kali110 · 07/07/2017 21:33

Yes i would be livid!

PenguinOfDoom · 07/07/2017 21:55

It's sort of a long story and I don't really want to go into the details because it's very outing! The bottom line was that neighbour chanced his arm and was foiled. He'd have happily paid for the tree to be cut down but it's a healthy, well-maintained tree, no danger from falling branches or light-blocking issues. Neighbour is just an entitled shit and it's not the first time he's tried to steamroller his other neighbours. The tree has also been here way longer than all our houses so frankly, he can do one! :)

greathat · 07/07/2017 22:01

Don't get a preservation order!

GladAllOver · 07/07/2017 22:17

So it's a beech tree. They are beautiful and if it's a long way from the houses it will not be a danger to foundations.
If it was a sycamore with their wretched seeds that root everywhere I would have a little sympathy for them. But not with a beech - let it grow!

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