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AIBU?

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Original poster

Tree and neighbour

120 replies

glasshalf · 12/05/2019 18:08

Hi
So we moved into our house in the last year , we havnt had a summer here yet so although we knew there was a large tree in the neighbours garden we didn't quite realise the impact it had on our property -
Any how today we have been looking and it blocks the whole sun from our garden and living room in the afternoon . We went to say hello and spoke about it and she is absolutely not wanting it cut back, said she will get a tree preservation order on it HmmI love trees would never kill it but it is having a huge impact on light in our garden and back of our house . I literally don't know where to go with this next as we don't want to upset anyone or take legal routes- any tips?

OP posts:
Original poster
glasshalf · 13/05/2019 07:29

 @caughtinanet because it's their tree I want to trim and that's the law Hmm

OP posts:
rainbowlovesfroot · 13/05/2019 07:34

trim it.
ur neighbour is being so unreasonable - it doesn’t set up a good neighbour relationship ship at all. Imagine if a year from now SHE has a problem.

Yogagirl123 · 13/05/2019 07:45

This can’t be genuine surely?

Who’s partner would be a tree surgeon and need to ask the vendor about the impact of the tree?

Would anyone be so entitled as to knock on a neighbours door and ask them to lop their tree, enough to rub anyone up the wrong way.

And posters on here think the neighbour with the tree is unreasonable, wow, you couldn’t make it up!

Singlenotsingle · 13/05/2019 07:55

It looks like you're going to have to sit and enjoy the sun in your front garden OP, rather than the back garden. My ddil has the same problem with her neighbours that back onto her garden. There are three magnificent oak trees shading her garden, which is a shame, but they are glorious.

Jaxhog · 13/05/2019 07:56

You are unreasonable, the tree was there when you bought the house. You should have realised it would block the sun.

Quite.

pepperpot99 · 13/05/2019 08:06

My NDN has two big trees which overhang our garden. Initially (after we'd lived here a couple of years) we tried the polite and friendly approach. However, after she basically told us to go and do one, I got the tree cutters in and they chopped and sawed off every single bit even a whisker over the fence to our side. As well as being completely legal, it was immensely satisfying to see her hobbling up and down her garden in a rage, yet totally impotent in the situation. She kept shouting at me "You can't do that" , whereupon I would answer sweetly, " I can, and as you can see, I am".

I suggest you do the same, OP.

LIZS · 13/05/2019 08:07

Would anyone be so entitled as to knock on a neighbours door and ask them to lop their tree, enough to rub anyone up the wrong way.

Unfortunately yes ime. One of ours did exactly that, having landscaped their garden and realised their new seating area might get shaded in high summer.

bestbefore · 13/05/2019 08:15

What type of tree is it?

itwasalovelydreamwhileitlasted · 13/05/2019 08:16

If there is no TPO on it and it is overhanging your property then yes you can cut it back to the boundary as long as it doesn't kill it, you offer to return the offcuts and it is done outside of bird nesting season (November to February) - if your husband is a tree surgeon surely he would know that?

sandgrown · 13/05/2019 08:32

@dottieRichardson.I love birds and belong to a group focused on protecting wildlife in my area. I would never cut trees while birds are nesting but try having a small garden and living behind a line of Leylandii. We have little light and nothing grows.
One neighbour trimmed theirs to a reasonable height ( still 3-4 metres high) but next door changed hands and the tree is now as big as the house and very wide. I am dreading having the conversation with them .

Hutchismo · 13/05/2019 08:33

I can imagine how the 'friendly' conversation with the neighbour went if she felt the need to tell you she would get a TPO if you persisted.

Nanny0gg · 13/05/2019 08:41

Anyone else think the DH is in the wrong job?

Seeline · 13/05/2019 08:47

I think from one of the OPs later posts I have realised that the tree is in the garden behind theirs, not actually next door.

Even so, I think it is very entitled to expect them to have work done on the tree, even at little/no cost to them, when the tree was obviously there when the property was purchased.

If the owners love the tree, I am sure that they would wish to keep the tree healthy, which would mean work being carried out at regular intervals, but I don't see why they should alter this schedule just because a new, distant neighbour demands it.

Thesuzle · 13/05/2019 08:53

If the tree is growing on the boundary, then neither person really owns it,
Get to a solicitor pdq,
How does the fence line look either side of the tree.
Looking out from the back of your house. , it is usual to own the left hand side boundary, and also be responsible for it, look at your deeds

echt · 13/05/2019 08:59

As well as being completely legal, it was immensely satisfying to see her hobbling up and down her garden in a rage, yet totally impotent in the situation

Which bit was the most satisfying? The rage, the powerlessness?

Or the hobbling? There's something deeply unpleasant at the trouble you took to describe this woman.

echt · 13/05/2019 09:00

About, not at.

MoonstoneMagic · 13/05/2019 09:04

We are in exactly the same situation with two Yew trees. One is growing fast , branches coming over into our garden and blocking the light. There is a smaller one growing beside it. I am trying to screw myself up to have a talk to the neighbour who is a bit strange so I am wary. If he says no I will be incredibly stressed. We either have to pay to get a tree surgeon to cut off the branches coming over to our side or put up with it getting bigger and bigger.

WeepingWillowWeepingWino · 13/05/2019 09:05

surely your DH must know what the legal situation is if he's a tree surgeon?

I don't know, come the summer and you might be pleased that your garden isn't getting fried and your living room isn't a sauna.

Turpy · 13/05/2019 09:07

TBH I don't think there is anything wrong asking neighbours if it's ok to have a tree cut back. It's not rude or cheeky if it's done politely.
Also, I don't entirely agree with everyone saying that as the tree was there first then the current owner of the tree can just ignore how big it gets and it's impact on others. Some trees get massive and need to be kept in check in suburban areas. I think it's an unpleasant attitude to not care about how something in your property effects other people.

I have massive trees In my garden and have a tree surgeon come in every few years to attend to them. I'm aware that they have an impact my neighbours.
The tree were there first but they grow and some can grow too big.

PeachesAndMayo · 13/05/2019 09:14

We have one in our garden that has had a troubled past. Firstly it started to grow under the shed, so I felt sorry for it and moved it (expecting it to die, but it's a trier and kept going) then we realised it was too close to the house so moved it again (it was about 1 and a half feet high for years) and now, in its third spot, it has gone ballistic and is determined never to move again. It's about 30 feet high (sycamore) and has a wide assortment of bird feeders hanging from the lower branches. Sadly, the only shade it casts is on us which is a nuisance at high summer but fine in the spring before the leaves come fully out. Very determined tree! Went from a foot and a half high to 30 feet in the space of about 5 years....

pepperpot99 · 13/05/2019 09:29

Indeed echt. She is a deeply unpleasant woman. A total c**t actually. she refused to have a wasps' nest on her roof seen to, knowing one of my dc is allergic to wasp and bee stings - and this was after I had told her I would pay for it. The wasps were in their hundreds and flying into our windows. I was literally crying and begging her. But no, she said it would 'inconvenience' her. So yes, I really enjoyed payback. And I will keep on getting her ugly trees cut back. Any other questions?

Theworldisfullofgs · 13/05/2019 09:35

Tree loping is v v expensive. (Having literally just had it done).

Smelborp · 13/05/2019 09:39

OP, you keep saying that the tree doesn’t influence or impact her at all. If it’s her tree, maybe she just likes it. It was there before you were and more importantly it was there before you bought this house. You could quite easily have found out that it shaded your whole garden. You are being extremely unreasonable now.

I suggest you look into shade loving plants, there’s lots of beautiful varieties.

echt · 13/05/2019 10:11

Indeed echt. She is a deeply unpleasant woman. A total ct actually. she refused to have a wasps' nest on her roof seen to, knowing one of my dc is allergic to wasp and bee stings - and this was after I had told her I would pay for it. The wasps were in their hundreds and flying into our windows. I was literally crying and begging her. But no, she said it would 'inconvenience' her. So yes, I really enjoyed payback. And I will keep on getting her ugly trees cut back. Any other questions?

It was your joyful focus on her hobbling I found distasteful.

IHateUncleJamie · 13/05/2019 10:24

You should just trim it when they are away.

Yes, definitely do that if you’re happy to have a visit from the Police and then pay damages to the tree owner. 🙄

OP I assume your DH and your neighbour both understand the law in that if the tree doesn’t have a TPO you can prune any overhanging branches that cross your boundary (but you must offer the trimmings back to the owner). You know you can’t now do anything until autumn due to nesting.

However, if the tree really does block every bit of light, even when the sun is overhead, then it sounds more like height is an issue and there’s nothing you can do about that.

Personally, I would be very polite and invite the neighbour into your house/garden to explain how the height of the tree is making your house very dark and stopping you from material enjoyment of your garden which you’re sure she will understand is not entirely reasonable. That all you want to do, at no cost to her, is crown the tree slightly in Autumn so that next summer you have some sun in your garden. Would she be amenable to that, etc.

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