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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To not want to cut my tree?

112 replies

Rhodri · 05/05/2020 14:02

I have one tree in my garden. It’s a mature tree about 20ft tall. It’s on the north side of my garden so it casts a shadow over the fence into next door. They have flowering bushes growing in that corner but the surrounding grass is in dappled shade and is a bit mossy.

The neighbours are whinging that they don’t like the shadow and want to cut the tree back. I said they’re permitted to cut it level with the fence even though that won’t make it look very nice from their side (I won’t see the hacked branches from my side so I don’t care). But it’s not the overhanging branches that they’re complaining about - it’s the height. Cutting it level with the fence won’t do anything to reduce the height.

I don’t want to start hacking at my tree. It’s a lovely flowering tree and is a nice natural shape. The rest of their garden has full sun. Doesn’t everyone have a shady corner? Surely people just put a shed there or something, or grow plants that enjoy shade? Also I’m not convinced that cutting 6ft off the top of my tree will do much to improve the shadow in their garden - to get rid of the shadow I’d literally have to cut the tree to the height of the fence.

AIBU to refuse to reduce the height of my tree? They’re threatening to cut it themselves if I don’t. I’m worried they’re going to mutilate it.

OP posts:
Lockheart · 05/05/2020 14:06

They can't legally cut your tree themselves, other than to remove overhanging branches on their side (although they should offer to return the wood to you if they do that).

In the interest of good relations, is there a compromise that can be reached, such as getting a tree surgeon to prune it back? In no way should you be cutting it down!

I would also assume it's too late this year to do any pruning; won't it have to wait until winter now?

bodgeitandscarper · 05/05/2020 14:07

YANBU, if the whole garden was in shade I'd agree with them, but cutting the tree to the height of the fence would ruin it. They can face criminal damage charges if they cut the tree's height themselves, I certainly wouldn't be bullied into doing something to my own property that I didn't want doing.

antisupermum · 05/05/2020 14:08

They have no rights to cut down the tree; they are only allowed to prune what overhangs their boundary.
What kind of tree is it, and how old? Sometimes you can get protected status for trees if they are particularly old and large - worth looking into as you can tell the neighbours "Not my choice, its protected"

Windyatthebeach · 05/05/2020 14:09

How long have they lived there? How big was the tree then?

MazDazzle · 05/05/2020 14:10

How long has the tree been there?

How long have you/your neighbours lived there?

FOJN · 05/05/2020 14:14

It depends on whether the tree or the neighbours were there first. If the tree was planted or has grown significantly since they moved in then it will have altered the amount of light their garden gets so it might be worth compromising a little for the sake of good neighbour relations. If the tree was there when they moved in then they are being unreasonable in asking you to cut it.
They are permitted to cut anything of the tree that overhangs into their garden but not alter the height as far as I'm aware.

Original poster
Rhodri · 05/05/2020 14:18

The neighbours have lived here for 40 years since the houses were built. I’ve lived here for 3 years. It was already a mature cherry blossom tree when I arrived. Every house had a tree planted in the top corner of the garden when it was built. So my neighbour to the south has an identical tree that shades the corner of my garden. I just have my shed in that corner.

We can’t cut the tree to the height of the fence. It’s a mature tree, the trunk is the height of the fence and the branches grow above that. If we cut it to the height of the fence we’d just have a trunk and no branches at all.

Also if we’re going to ask neighbours to address things that annoy us then they need to stop parking over my dropped kerb. In the spirit of maintaining good relations I’ve never mentioned it.

OP posts:
Windyatthebeach · 05/05/2020 14:21

I would def park over your driveway yourself...
And keep the tree!!

lanthanum · 05/05/2020 14:24

I believe the lifespan of a typical cherry blossom tree is 30-40 years. The problem might be solved soon...

NotEverythingIsBlackandWhite · 05/05/2020 14:27

I wouldn't cut the height if other parts of their garden do get sunlight. Like you say, most people would plant shrubs that enjoy shade.

As they have threatened to cut it, I would send them a letter by recorded delivery, informing them that they have no right to cut your tree, save for any part that overhangs their garden. I would inform that that, if they do, you will sue them.

Hopefully they won't do do but, if they do, then record them on your phone or other camera as proof. Thing is they might chance it anyway as not many people can afford to sue.

MulticolourMophead · 05/05/2020 14:27

OP, if they've lived there for 40 years, then they are complaining to you because they think you will be a pushover (do you live alone?). Keep saying no, and that they can't cut any part of your tree that isn't hanging over the fence.

And tell them to stop parking over your dropped kerb.

Original poster
Rhodri · 05/05/2020 14:27

The full width of my property is a dropped kerb. Neighbours are the same. No pavements or full height kerbs at all. So if you park anywhere on the street you’re technically blocking someone’s dropped kerb. Off topic but it boils my piss when they have too many cars to fit on their drive so they park across mine.

OP posts:
Original poster
Rhodri · 05/05/2020 14:30

No I don’t live alone. DH says we shouldn’t be bullied into cutting down our one and only tree. They have one shady corner and it will still be shady even if the tree is shorter. But I’m worried if we don’t have it done professionally they will just butcher it.

OP posts:
OnlyFoolsnMothers · 05/05/2020 14:31

So YABU, I have tree issues (as has my neighbour) with the neighbours whose gardens back onto ours. Giant trees that because they are at the back of their garden they don’t give a crap to maintain. We have a shady patch which causes issues with the grass in that corner, in autumn our garden is full of leaves from the tree, and it takes over lot of the view from my upstairs window. I plan to speak to them about it more once lockdown is lifted, otherwise I will start writing legal letters.
It’s your tree and it’s causing someone else issues, engage a tree surgeon and discuss options with them.

Windyatthebeach · 05/05/2020 14:31

A solicitor's letter as suggested above...

Pinkyyy · 05/05/2020 14:32

They can't force you to do anything, nor can they cut it down themselves.

ducksback · 05/05/2020 14:39

It’s your tree and it’s causing someone else issues, engage a tree surgeon and discuss options with them

Do NOT do this OP. Trees are beautiful and we need them. Tell your silly neighbours to cut back whatever they like on their side but that the tree is staying. Stand your ground and protect your lovely tree.

ducksback · 05/05/2020 14:40

We have a shady patch which causes issues with the grass in that corner, in autumn our garden is full of leaves from the tree, and it takes over lot of the view from my upstairs window. I plan to speak to them about it more once lockdown is lifted, otherwise I will start writing legal letters

God how petty. Leaves on the lawn! Call the police! And a tree IS a view.

GnomeDePlume · 05/05/2020 14:42

I think it is a bit selfish to allow a tree to reach a height where it is significantly shading a neighbour. Couldnt you have pruned it yourselves to keep it at a better height?

Itwasntme1 · 05/05/2020 14:43

I have tree issues - and am incredibly happy that my new neighbour is removing the 7 sycamore trees which are about five stories high and which make my garden a dank dark mess😊.

Th neighbour to the side also has about five sycamore trees and goes nuts if I even remove a leaf on an over hanging branch (the trees are tight against my fence and I need to keep them trimmed or they would take over my garden.

In your case he tree must be close enough to next door to overhang. Why not offer a compromise, get a tree sorbet to reduce the height a bit and shape so it no longer overhangs. Split the bill.

They will probably so no your have to pay, if they day this refuse.

Original poster
Rhodri · 05/05/2020 14:43

There is no view except the backs of the houses opposite. Do people really expect to have NO shade in their gardens? It’s one tree, they have no other shade. I‘m not sure if they even have any legal recourse against a single tree?

OP posts:
cakeandchampagne · 05/05/2020 14:47

If you haven’t already, get outside now and take some pictures of your tree from all possible angles. You may need these pictures later.

MarieG10 · 05/05/2020 14:47

A decent tree surgeon will not advise cutting it back (pollarding) as it makes the tree ridiculous and sprout lots of little branches. What they usually do is thin them out but that will be of limited use to your neighbour.

Original poster
Rhodri · 05/05/2020 14:48

Couldnt you have pruned it yourselves to keep it at a better height?
Nope. It’s way beyond reach and has been since long before we lived here. I use a ladder to prune the first 10ft or so but I can’t reach beyond that and don’t have hundreds of pounds to hire a tree surgeon. The neighbours won’t fork out, they’ll just want to do it themselves. Best case it will look a mess, worst case they’ll drop big branches and smash my kitchen roof or pergola which are right next to the tree.

OP posts:
1forAll74 · 05/05/2020 14:48

Yes it's a problem when you have a beautiful tall tree, and get complaints about it.All you can do,is allow them to prune any overhanging branches in their garden. It would be a travesty to get rid of the tree.. Some cherry trees can be enhanced, by some serious pruning and shaping after flowering later on. The tree will benefit from this, and will still flourish well after this.

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