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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

About my neighbours overhanging tree?

72 replies

Treestreestrees · 13/09/2019 08:20

I’m nervous to approach my ndn about this and need advice on how best to handle....

We have detached houses with long drives. At the end of hers, right next to the dividing wall, she has a huge tree. I’d say at least 50% of its branches grow across the wall and hang over my drive.

It’s not been an issue all the time I’ve lived here (annoying when it sheds but I’ve just ignored it) but I’m
Getting the drive done and gates fitted at same time as having garden done.

Gardener cheerfully told me ‘I’ll bring the saw for that tree next week, it’s got to come down’ (because of gate).

I’ve panicked. The treees never been mentioned between us. She seems lovely and is likely v attached to this tree....it’s going to look ridiculous cut back. I mean really ridiculous. Half a tree will be missing Blush

I know I’m in my legal rights, and I’m paying for it, but what on earth do I say to her??

OP posts:
ChardonnaysDistantCousin · 13/09/2019 12:39

But you cannot get away from the fact that you will be part of the problem that leads to the rise of asthma and other respiratory conditions.

Every action has consequences. Cutting trees leads to the rise of air pollution, rising air pollution leads to health problems. Simple, really.

ScreamingValenta · 13/09/2019 12:42

You need to talk to her to make sure it isn't subject to a Tree Protection Order. If it is, you'll need permission to prune it - the council will say what % can come off.

Treestreestrees · 13/09/2019 12:48

@Seeline about 6 metres with low branches. Not at home or would take pic.

@ChardonnaysDistantCousin we’re all responsible for the planet, yes, I’m aware. I will enjoy my gates, thank you. 🙄

OP posts:
ColdCottage · 13/09/2019 12:53

If say have a little chat first and go from there.

ChangeOfTides · 13/09/2019 12:56

I think if you care about neighbourly relations you’re going to have to go down the route of getting a tree surgeon to raise the canopy. Otherwise you’re probably going to kill her tree and certainly going to make it look terrible. I imagine she’ll be upset about that.

runoutofnamechanges · 13/09/2019 12:57

Could you get the whole tree pollarded? It will look better than half a tree.

Random18 · 13/09/2019 13:04

As someone who has a ridiculously planted tree overhanging my garden very close to my actual house, it will get cut back and I don't care if the neighbour is upset.

We will tell her in advance it's getting done, and we will pay for it but it will be cut back to fence and if it looks stupid then so be it.

We have checked there is no TPO.

Choccyp1g · 13/09/2019 13:52

If you want a big tree in your garden, plant it so that it grows in your garden.

Choccyp1g · 13/09/2019 13:54

I have no sympathy for people who plant a tree which will have a 40 foot canopy anywhere within a 20 foot distance from their own fence.

CassianAndor · 13/09/2019 14:03

a big tree is unlikely to have been planted anytime recently, choccy.

You buy a house in the vicinity of a big tree, suck it up, the tree was there first, will be there after you leave and is almost certainly more beneficial to the world than people.

Fucksandflowers · 13/09/2019 14:03

If you want a big tree in your garden, plant it so that it grows in your garden

Maybe the tree was already there?
One of our big trees was already here when we moved in.
I wouldn't have chosen to plant a tree that size but I love it and would not agree to it being cut down and I would not agree to a significant percentage of its branches cut off either

ElizaDee · 13/09/2019 14:39

Tell her before your neighbour cuts it.

Can't you just chop off the bottom few branches?

Treestreestrees · 13/09/2019 14:50

@Fucksandflowers your neighbour would not need you to agree to the branches overhanging their garden being cut. They can legally do so if there’s no tpo.

You hope to have neighbours as considerate as me, who stop gardeners and builders from spoiling friendly relations!

OP posts:
CassianAndor · 13/09/2019 14:52

installing mahoosive gates isn't exactly enabling friendly relations.

CottonSock · 13/09/2019 14:57

I've done this to my neighbours tree as it's a bay tree and should be a bloody hedge. Would block out all my light (as it must his).
You don't know much about the tree so you may need an arborist / tree surgeon. And yes, check about planning.

Fucksandflowers · 13/09/2019 16:06

your neighbour would not need you to agree to the branches overhanging their garden being cut. They can legally do so if there’s no TPO

This is true though if the tree died as a result I would definately sue.

If they were to remove a ridiculously large and dangerous amount, and half of the tree, which is what you claim needs to be removed, is certainly ridiculous and dangerous and the tree survived it would make for incredibly frosty relations indeed.

In my personal case, the big tree was not planted by me, it was already there.
I would have never have deliberately planted a massive tree close to neighbours.

I suspect your neighbours tree also was probably there when she moved in if it is as big as you say.

I do have multiple other trees but unlike the other two they are espalier pruned so don't intrude on anyone as they are completely flat against the wall.

I still think you should try harder to find a solution that doesn't require hacking away half an established tree.

Fucksandflowers · 13/09/2019 16:08

I have a small bay hedge!
They are actually naturally 50 foot tall trees though, not hedges or shrubs.

steppemum · 13/09/2019 16:21

actually it is not quite true that you can just cut off the overhanging branches.
There is a clause about it not significantly effecting the tree's health, and also something about the overall look of the tree.
So, no, you can't just cut off anything you like, there are limits.

you are also required to do it properly, and if the tree dies, it is your responsibility.

This tree sounds as if it is a bit more than a normal prune, and I would want to check you are still within the law

Filter · 13/09/2019 16:29

And whoever said good relations with your neighbour is absolutely correct.

Agree. It works both ways though.

My neighbours have 5 extremely neglected and extremely overgrown plum trees along our border. When we bought our house, they covered half our garden with their rotting tiny plums. The house had been empty a year and rented out before that so nobody had cared.

The trees themselves were just an absolute mess. I approached our neighbours about maintaining them and was told to feel free to do whatever I liked. So we chopped them as far back as we could ourselves. They have never ever paid for a professional to maintain the bloody things and it is so so irresponsible. One in the centre (not overhanging us thank god) is dead. Been there years just dead. They've just left that too. I will be damned if I'm paying a professional for their trees. Sorry, bit of an off tangent rant there!

It's good manners to pay for to maintain your own tree, for the health of the tree as much as anything else.

Approach your neighbour and let them know. Get a proper tree surgeon in to advise first, it may not need to be heartlessly lopped back 50%. There may be a way round it.

LIZS · 13/09/2019 16:37

If the tree is ndn's ask them if they plan to have it trimmed this year and offer to go halves on the cost as timing is for your benefit. If not ask if she minds your gardener taking overhanging branches off as you are entitled to do in order to facilitate the work. Check for tpos first with council.

wibbletooth · 13/09/2019 16:41

Also remember that what you cut off you legally have to offer to your neighbour - for example they may have a wood burner so would be happy to get a load of free wood. On the other hand, they might not want any wood messing up their garden and would be annoyed at having to deal with it - in which case you have to dispose of it - at your expense if necessary.

I’m assuming that the reason for that is so that the owner of the tree that has now been partially converted into wood doesn’t lose out monetarily as a result of the neighbour’s legal actions - either by being deprived of the wood or because they end up with disposal costs. I know some people who’ve suffered either as a result of losing wood they would have liked to have used (and discovered that it had been sold by the person who cut the branches making them a profit) and someone else who ended up with a big pile of logs and branches dumped over the fence that not only ruined some of the plants they landed on but cost to get removed.

CottonSock · 13/09/2019 17:09

@Fucksandflowers I meant the bay tree is supposed to be a hedge where it is located. Right outside my window. Previous owners kept it aa a hedge. New neighbour doesn't give a toss. It's taller than my house now and I have to declare on my insurance.

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