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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

to ask my neighbour to contribute to treeworks?

50 replies

CaptainNelson · 05/12/2018 11:04

(Apologies for long post; trying not to drip feed)
We have a number of big horse chestnuts in our garden, and live in a conservation area. The part of the garden where the chestnuts grow runs alongside our neighbours' house. They are currently having their house extended, and have asked us to cut back 2 of the horse chestnuts as they're worried about conkers falling onto the new part of their property. Apparently a conker has in the past broken a Velux window in their house, though I think before we moved here and I do wonder if it's actually possible (unless squirrels have had something to do with it!). Anyway, they regularly cut back the parts of our trees which overhang their garden, which has resulted in the trees being quite lopsided. I've looked into this and found out that a neighbour has no responsibility to maintain the tree's balance when removing overhanging branches. The branches which do overhang their garden are about 3-4 metres high and are quite small, as they've removed all the larger ones. So there isn't a huge number of overhanging branches, but they still want these removed and they're too high for us to reach.
The tree surgeon has said that, in order to keep the trees balanced, they'll have to do a crown reduction of the whole tree. However, the cost of reducing the crowns is around £850, and I'm wondering whether IWBU to ask the neighbours to contribute, as this is on their request and to their benefit, and there is no real evidence that their property is being put at risk. The trees are otherwise healthy and, as I've said, there are no large branches overhanging their garden.
Wisdom of MN, advise please!

OP posts:

BertramKibbler · 05/12/2018 11:05

You can try!

I don’t think it sounds unreasonable but I’ve no idea what the laws are.

Alfie190 · 05/12/2018 11:09

Well yes you can try, but I think it would be reasonable of the neighbour to say no. Your trees are your responsibility.

Wolfiefan · 05/12/2018 11:12

Are you legally responsible for cutting back the tree on their side?

TheViceOfReason · 05/12/2018 11:15

YWNBU to say the work is going to cost £x which you cannot afford, but if they want to contribute half of the cost you are happy to organise for the work to be done.

You could also say tot he tree surgeon that you don't care about the look of the tree from their side, just please take the overhanging branches off.

cheesywotnots · 05/12/2018 11:17

If it were me having the extension I would pay towards the tree. If you are in a conservation area are the trees protected.

Seeline · 05/12/2018 11:17

If you live in a Conservation Area the trees have special protection, rather like a TPO, so your neighbours shouldn't just be cutting chunks off the trees without consent from the Council. I hope they have done this?
If the only reason you are having the works done is because the NDN have asked you to, I would definitely ask for a contribution - not sure you'll get it though!

Hushnownobodycares · 05/12/2018 11:19

If they want the work done and you're not bothered whether it is or not they should pay.

Our neighbours wanted to remove a line of trees at the end of the garden some of which were theirs and some ours. They asked if the ones in ours could go and we agreed. They paid for the lot. We were happy to see the back of them and even happier not to fork out a cent to do it

Nocado · 05/12/2018 11:20

I don't know if councils vary but in mine if you live in a conservation area you need permission from the planning department for even minor tree pruning. And this costs a lot on top of tree surgeon bill. My neighbour shared costs because it was him that wanted the work on our tree. So totally reasonable to ask. My understanding also is that your neighbour shouldn't have cut the protected trees without council permission and could be in for a large fine if you report it.

JohnCRaven · 05/12/2018 11:21

All trees in a conservation area have special protection so they absolutely shouldn't have been cutting any branches off at all.

You will need to go through planning as well as the tree surgeon cost so I would propose they pay all the planning fees and half the tree surgeon costs as you wouldn't be undertaking the work if it wasn't for their request but it will also be to your benefit having tidier trees.

PonderLand · 05/12/2018 11:25

We paid the full cost (£500) for our neighbours conifers to be cut way back down. We got them cut to 8ft from 25ft+. There was over 20 of them! We paid because we wanted them cut back and they were blocking all natural light, they ran alongside every inch of our back garden.

Do you think your neighbours hate the tree enough to pay for it? If not then I wouldn't even bother asking. However if they reduce their light/and are a regular nuisance then it's worth bringing it up. I think if my neighbour with the trees came to me first I'd of refused to pay towards them, but as I was the one with the problem and they didn't impact on her (she never mentioned getting them cut) I knew I'd have to pay or they'd never get sorted. Sorry if that doesn't make sense

Escolar · 05/12/2018 11:27

YANBU to ask. They can refuse, but in that case, you can also refuse to have the work done at all. It sounds like it is mainly for their benefit rather than yours?

Original poster

CaptainNelson · 05/12/2018 11:30

yes, I know they shouldn't have been cutting off the branches. We will have to get planning permission to do the works - I'm about to apply for that. Last time we had to have tree work done, the council sent out a tree inspector, so I don't know what they'll say when they see the removed branches, which are really obvious all along their side of the fence.
I think the neighbours do hate the trees, yes, though they're really lovely people and have never complained directly. But their garden is very important to them, so the light issue probably annoys them. However, as it's a conservation area, the trees are protected and we like having them for all sorts of reasons.
Thanks for your opinions - I feel it reasonable to ask, though don't want to cause bad feeling as we basically get on.

OP posts:

Nanny0gg · 05/12/2018 11:40

You can ask but I bet they'll say no.

You might want to tell them there will be an inspection of the trees. And don't take the blame for the neighbour's work!

SarahSissions · 05/12/2018 11:41

@ponderland there is a difference though between trees entirely on their property that you want removed, which is purely a request and they do not have to oblige and trees overhanging your property.

If I were your neighbour I a)wouldn't pay b)if you refused to cut the overhanging branches I would do it myself (obviously giving the branches back to you) and send you the bill. If you refused to pay I'd take you to small claims court.

Your trees causing a nuisance - why on earth should they be our of pocket?

Downtheroadfirstonleft · 05/12/2018 11:43

Why are you cutting the trees unless YOU actually want the work done? The neighbours knew the tree was there before they built their extension. Surely they should be requesting and offering to pay for the work as it's only being done because of them???

Collaborate · 05/12/2018 11:44

They are the ones asking you to undertake the works. You should tell them that if you're willing to do it, it will be at their cost.

ClaudiaWankleman · 05/12/2018 11:45

I think that if they want them cut back, they should really be paying for the whole thing.

I would also be worried what the council will say when they see the damage to a protected tree!

Collaborate · 05/12/2018 11:45

And you would lose spectacularly. A neighbour must trim overhanging branches at their own cost.

theonlyKevin · 05/12/2018 11:46

if you live in a conservation area, the neighbours will have knows about the trees when they moved in and planned their extension, even if it's a family home!

Never feel bad about the trees, they were obviously there first. If your neighbours have a problem with them, they should have bought somewhere else. I hate people who chose an area, but then decide to make changes once they are in. The way things are is the reason why they settled there in the first place. Sadly, you can't argue with stupid.

Good luck, and make sure you stress that you have nothing to do with the neighbours' damage of the trees.

theonlyKevin · 05/12/2018 11:48

SarahSissions
when the trees are protected, you end up with a heavy fine for any unauthorised work to them. Going to court would only make it worst for you

Original poster

CaptainNelson · 05/12/2018 11:50

theonlyKevin I don't feel bad about the trees. I love trees, I don't like to see them all mangled on one side and trying to grow back and rebalance themselves. For my part, I wouldn't cut them back. But there are laws protecting people from damage to property and personal harm caused by falling branches etc, so we do have to tread a bit carefully. I am just collecting all my costs and then I think will go to them this weekend and ask them if they can contribute, as that seems to be the general opinion.
Thanks all.

OP posts:

divadee · 05/12/2018 11:53

I would be asking them for the full cost personally. You have no issue with the trees, they want them chopped then it is up to them to pay out the full cost. Otherwise just say no and get on with life. 99% certain they will then stump (pun intended!) up the cost of the tree surgeon as it is what they want.

Fairenuff · 05/12/2018 11:58

I'm surprised that planners allowed their building extension to encroach on the protected trees.

Phillipa12 · 05/12/2018 12:00

Well considering how long the trees have been there, why did your neighbours buy a house in a conservation area surrounded by trees..... i would try and get half, work would not need doing at the moment on the trees and as you say this is all for the neighbours benefit and they have asked. If i were your neighbour i would have factored in this request in my budget.

popcornwizard · 05/12/2018 12:02

I'd contact the council first unless you're certain that your conservation area allows the cutting back of mature trees. I'm sure they'll have someone that can advise - they may know people able to do the work too.

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