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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Tree in my garden

170 replies

PumpkinP · 17/06/2020 16:19

Just had a letter posted through my door from a neighbour, must be the house behind, saying they want me to cut my tree down, I have never spoken to this neighbour so this is the first I’ve heard, they have said that they have been in contact with the council to get the tree cut down, before even speaking to me?! (Mine is a council house) and that the council will be contacting me to arrange it but that it may take up to a year and that apparently they are not willing to wait a year! They are also saying they’ve had issues since 2010 but I’ve only lived here since 2015. Aibu to not want to cut my tree?

OP posts:
dementedpixie · 17/06/2020 16:22

They can trim it back to their boundary but you are under no obligation to do anything else with it

SadSisters · 17/06/2020 16:22

They’re entitled to lop off any branches which grow over their garden, but they can’t make you cut the tree down unless it’s causing issues with subsistence or anything like that.

Wewearpinkonwednesdays · 17/06/2020 16:24

Course YANBU. I'm not sure what happens with council houses though. Wether they, as the landlord make the decision, or the tenant makes the decision You are definitely not obliged to cut down the tree though.

Original poster
PumpkinP · 17/06/2020 16:26

It was here when I moved here but he has said he he has had issues since 2010 but like I said I’ve lived here for 5 years, if the tree was cut down then they would be able to see straight into my garden so I want to keep the privacy

OP posts:
KingofDinobots · 17/06/2020 16:29

Your landlord will decide how to proceed.

You should:

  • write back to him saying it is the landlords tree so he needs to talk to the council about it. This hopefully stops him bothering you about it.
  • contact your landlord to say you understand a neighbour has asked them to cut down the tree but you like it and would prefer it remains. This will hopefully be taken into account in any decision.

You don’t say what his issues are with it, or whether he’s also a council tenant - those factors will affect what the council decides to do.

If they tell you they are chopping it down ask what you can do to restore your privacy in the garden.

Original poster
PumpkinP · 17/06/2020 16:30

He is complaining about the branches over hanging into his garden. I don’t believe his is council I think it’s owned.

OP posts:
KingOfDogShite · 17/06/2020 16:31

What sort of tree is it? My neighbours at the back want me to remove some trees of mine. I’m not. Ianbu - the trees are full of wildlife!

HappyHammy · 17/06/2020 16:34

You could pop a note in saying you do not own the property or the tree so either he or the council need to contact your housing department before he takes any action. Then email your housing department to let them know.

KingofDinobots · 17/06/2020 16:34

He’s entitled to remove branches hanging over his property, at his own cost. Technically he then has to ask you if you want them back and if you don’t, he then has to dispose of them.

Original poster
PumpkinP · 17/06/2020 16:36

I believe it is a conifer. Can the council cut it down without me agreeing? My house is on a slope and he is behind so without the tree his house would look directly into my garden.

OP posts:
HappyHammy · 17/06/2020 16:42

I would call your council and ask them who is responsible for the tree.

KingofDinobots · 17/06/2020 16:44

Yes, they’re your landlord so they own the tree. They can decide what to do with it.

PrimalLass · 17/06/2020 16:44

Would you be happy with the tree in his situation? Proceed from that point of view.

Original poster
PumpkinP · 17/06/2020 16:47

No because the tree doesn’t benefit him but I’m not interested in what benefits him it’s my garden and I want privacy

OP posts:
KingofDinobots · 17/06/2020 16:47

Actually sorry ignore me, I’m half asleep.

Is the garden included in your tenancy or do you just have a right to use it? If the garden is included within your lease then you can refuse access so if the landlord tries to come round to cut the tree you can refuse to let them in. They can’t come in even if the lease says they can or they give notice, you have a right to keep people out from the land you rent.

Only exception to that rule would be if the tree is actually dangerous - eg about to fall over - in which case they could come in without your permission to deal with it.

UnfinishedSymphon · 17/06/2020 16:49

@PrimalLass

Would you be happy with the tree in his situation? Proceed from that point of view.
I have a tree at the bottom of my garden that shields my house from the rear neighbour's view and I fully intend to keep it. Our gardens are 60m long back to back, the tree doesn't block the sun and doesn't overhang into their garden but they have asked me numerous times if I'll cut it down because it's ugly apparently.

I'm keeping my tree, I don't give a shit that he doesn't like looking at it because it's ugly

PrimalLass · 17/06/2020 16:49

@PumpkinP

No because the tree doesn’t benefit him but I’m not interested in what benefits him it’s my garden and I want privacy
But does it cause him bother? It's horrible to have to put up with a huge tree you had no say over.
Original poster
PumpkinP · 17/06/2020 16:51

Well he would have known the tree was here when he bought the house.

OP posts:
PrimalLass · 17/06/2020 16:51

UnfinishedSymphon

I wouldn't but it down if it was ugly either. But other people's trees can be a nuisance and some people are very selfish about it.

PrimalLass · 17/06/2020 16:52

@PumpkinP

Well he would have known the tree was here when he bought the house.
They grow. There's one less than 3m from our house - in the neighbours garden - that was below fence level when we bought the house 10 years ago.
FeedTheFish · 17/06/2020 16:55

OMG are you my neighbour?!

Seriously, we have the same situation except that we're the ones who want the trees cut down to a sensible height and the neighbors with the trees own their house.

They do no maintenance whatsoever to the trees. The tallest is a weird, ugly lanky thing (even birds avoid it like the plague) that blocks out almost all of the light from our garden. They have also just planted bloody leylandii all along the bottom of their garden so that all eight houses behind (so me and my neighbours) will have any tiny remaining bit of light blocked from their houses once these things have shot up a foot or two more.

Think about your poor neighbour. Just because you can doesn't mean you should. Definitely words to live by! There really does need to be a bit of a compromise in these situations.

nubeejinnings · 17/06/2020 16:56

You could reply and say that you are happy for them to prune part of the tree that overhangs their garden.

Bluntness100 · 17/06/2020 16:56

If it’s a conifer it likely wasn’t that big when he bought the house so likely not causing him problems till the time he said.

The council will make a decision, what kind of conifer is it? I’d tell him he is welcome to cut anything over hangning his garden. Because legally he is.

nubeejinnings · 17/06/2020 16:56

Also can you post a photo so that we can decide wibu?

DoubleDessertPlease · 17/06/2020 17:02

I don’t understand folk who complain about trees that were there when they bought the house. There are plenty of houses without trees, if it bothers them why buy the house in the first place? I’d want to keep my privacy too, and love the environmental benefits trees bring.