Neighbours' trees. WIBU to do this?

[Phoningliz]

My neighbours on each side each have a tree close to the boundary. These have grown so large that they meet each other over my garden. This blocks light from my garden, and is obstructing a new shed. Previously I have been able to lop off the odd branch and somewhat control them, but previous occupants (on both sides) have neglected them and they are too big.

WIBU to inform both neighbours that I plan on clearing a lot of the branches over my garden, which will make the tress unbalanced. If I pay, this is what I will be doing (i.e. just paying for the work on my side) but if they want a more sympathetic treatment (at their cost), then I will put the gardener in touch with them.

They will rip your garden up when they fall unbalanced. Though any decent arborist wouldnt unbalance a tree. They'd just deadwood them and crown them as best as they can. They would advise the neighbours to remove them totally if not under a tpo.

They'd just deadwood them and crown them as best as they can.

Ah, so is it more of a case of if I want it doing, then I'm going to have to pay for the 'full job', so speak?

I wouldn't expect a positive response if you put it in those terms but yes

Yes, I'm aware that my communication is sometimes far from ideal, but I'm not sure how to word it diplomatically.

‘The tree is blocking light in my garden so I am going to get a tree surgeon out to cut back the branches, I’m worried it may unbalance the tree though so wondered if you wanted him to cut back on both sides and go half on the cost?’

Brilliant, thank you Nessie.

I guess you know that you are entitled to remove anything that grows over your fence line (provided it doesn't have a TPO). But you must offer the cuttings back to your respective neighbours as it's their tree.

If you cut all the branches hanging over your garden at the fence line, you take the weight off your side so its going to fall into their side, not yours. That's their problem, not yours.

I would write a letter to each, saying that after 30 days you intend to cut any branches overhanging your fence, at the fence-line, at your expense. If they want any tidying up work on their side then they could contact your tree surgeon direct. And please confirm if they want the branches back - if they don't confirm by [day before the event] you will dispose of them.

If you cut all the branches hanging over your garden at the fence line, you take the weight off your side so its going to fall into their side, not yours.

I know, this is what I'm concerned about. But I also want to avoid carrying the full cost of the work.

I would write a letter to each, saying that after 30 days you intend to cut any branches overhanging your fence, at the fence-line, at your expense.

I was thinking of just calling round, and ideally I won't be waiting 30 days as I want to get my new shed up asap. I can see that you're advocating a more formal approach, and I'm wondering why. (Also, thanks for mentioning about the cut-off branches).

You want to have it in writing so that if you do something and it causes them an issue, or they get angry at anything then you've got proof that you approached them.

Also 30 days is a reasonable time for them to evaluate the situation and consequences, get advice from a tree surgeon and negotiate with you to split the cost.

But you should only be bearing the full cost of cutting the branches at the fence line. That's your maximum entitlement to self-action.

Of course if you go into a cost sharing arrangement then the cost should come down. But be sure that the scope of work for which you agree to share the cost includes everything that you want. That is, you don't want to trim their side but leave yours still with overhanging branches.

Boundary disputes are very difficult and can get expensive if anyone decides to resort to law. Hence the need for formality.

You need to give them a bit of time to mull it over surely? If you'd like them to contribute and it's say a few hundreds pounds (I've no idea how much a tree surgeon costs!) I personally would find it hard just to find that sort of cash instantly.

We had this with an enormous willow that overshadowed the bottom 25 feet of our garden; the owners only ever trimmed their side.
In the end - after repeated attempts at asking them if they wanted us to contribute to costs for it to be removed which were ignored - we clubbed together with out next door neighbour and trimmed it right back to their boundary on our side. They were most displeased but it’s tough luck, why should someone else should lose a significant amount of space and light due to a tree (with no TPO) that is not properly maintained.

Oh and it cost us £2k total (it really was enormous, had spread about 40’ total length along the width of my garden and our next door neighbours gardens. I’ve no doubt that 18 months later it’s huge again but thankfully, we moved.

Yeah, I think an informal chat and then just clarify it in writing. Recently one neighbour replaced some fence panels. We went halves on the cost, but he did the work on his own when we out one day and broke a couple of garden ornaments on my side. He felt bad apparently (spoke to DP not me) and I felt a bit sad.

It’s an offence though to disturb nesting birds, so you should leave it until the autumn.

They also might not be able to do anything till September because of nesting birds.

Sounds like you have a good relationship with them, and I think what you are suggesting is completely reasonable.

Your neighbours shouldn’t have allowed the trees to get this out of control. Many trees aren’t suitable for back gardens - don’t get me started on sycamores!!!