Rude not to ask first

[Hackedtree]

I moved into my house about 6 years ago.
There is a large birch tree at the back of the garden. A few months after we moved in my neighbours asked if I would consider cutting it, they complained it had grown a lot over the years. I refused as I love the tree and we didn’t have the money to do it either.
Last year we had some bushes and trees trimmed in our garden, the tree surgeon said our tree is in good condition and doesn’t need cutting. The tree is at the back of our garden but side of the neighbours house where it doesn’t affect light.

Today I noticed that the neighbours had cut the tree. The tree splits into three and a third had been loped off. I did hear noises yesterday but didn’t even consider they would be cutting my tree.

Of course I understand that they are allowed to cut any over hang but AIBU to think you inform your neighbours (we’ve never had any sort of disputes, just say hello if we pass each other). Also as a third of the crown has gone I worry about the integrity of the tree and would have liked to be consulted to know that it’s safe and won’t die prematurely.

They did ask you and you refused. I don't blame them for cutting it. I have to cut my neighbours overhanging tree that he never bothers with.

I think unless the tree is protected they’re technically allowed to cut back branches that overhang into their garden? But I think they’re meant to ask if you want to branches. And yes would’ve been nice to have a heads up..

@ExclamationPerfume

They did ask you and you refused. I don't blame them for cutting it. I have to cut my neighbours overhanging tree that he never bothers with.

They asked once 5 1/2 years ago and never mentioned it again. If they asked repeatedly It would be different.

@Hackedtree you knew they had an issue with it though and did nothing. They probably felt awkward having to ask you again. It's your job to maintain it.

They can cut what over hangs, they can't cut any on your land. To do so is technically criminal damage. I'd be furious. They asked, you refused and that refusal did not give them the right to do it themselves.

I'm assuming what they cut was not just what was over hanging?

How much of what they cut was over their property boundary?

If it was big enough to overhang their garden, drop leaves into it and stop them growing plants underneath I sympathise with them. I'd have asked, but be glad you didn't have to pay.

If they only cut the part that was encroaching then they are within their rights. If they have cut any part which is on or over your land then they have committed a trespass.

If it's the first then you don't have any right to object. You may have preferred it to be done differently to look more balanced but if you weren't prepared to pay then you can't really blame them for proceeding.

For the sake of good neighbourly relations I think they should have asked again/ told you what they were going to do. But they weren't obliged to (and would you just have said no anyway? )

They asked you refused - your tree overhangs their property therefore they are entitled to cut it back to the boundary, also it's outside of nesting season so they can also cut it back from an ecological point of view

Maybe it causes a nuisance by dropping tonnes of leaves on their property like my neighbours trees do - or conkers or acorns that make the grass patchy. It's not just lack of light which can cause an annoyance to neighbours

If they've cut only overhanging branches then YABU.

If they've cut anything that is NOT overhanging their garden then YANBU, and if this is the situation I'd be furious.

Which is it?

Why should they ask repeatedly? No. They are in the right here.

Did that whole third overhang their garden ?

I have added a picture. The part marked in blue looks as if it was over hanging, it’s pretty obvious that they have cut other branches in the past that have started to grow over but that doesn’t bother me.
The ones marked in red were upright branches on my side, many feet up the crown would probably be over hanging but the branches they cut were not actually overhanging.

I'm guessing they cut the parts they could reach. Pretty un-neighbourly to do it without telling you beforehand. And very unreasonable to cut parts that don't overhang. Hope it's ok.

So the issue might be that they have cut too low, trespassing into your airspace and removing parts of your tree within your boundary?

Is that a power line in the photo? Whose? Tree branches can interfere with power lines. Are you sure the branches were not touching or getting close to the line? If so (and they were still on your side) the onus would have been on you to manage the tree before they became a risk. They may have taken matters into their own hands. They shouldn't have done, but if you weren't going to pay for/do the work then they'd have had to sue you in the tort of nuisance to get "specific performance" - expensive on both sides! I can sort of see why they just did it ... You could sue them for trespass but they're probably gambling that you won't.

In 5 years, have you had any of that tree chopped? It must have grown alot more in that time, if it was causing an issue then for them, it must be worse now.
Anything overhanging I can understand them chopping back.

Blimey, it's huge. I'm with your neighbours.

It’s still looks absolutely massive and I pity your neighbours. Sorry.

They should offer the severed branches back to you. They can also cut back any roots that enter their property, that could cause more damage to the tree and make it unstable.

I would hate to live next to that. It is massive and must have lost a lot of leaves.

Of course I understand that they are allowed to cut any over hang but AIBU to think you inform your neighbours (we’ve never had any sort of disputes, just say hello if we pass each other).

Did they just cut the overhang?

It doesn't look too bad but I'm wondering how on earth the tree surgeon did it without coming into your garden. Very cheeky if they came in without asking.

Was it shedding lots of leaves into their garden?

Our neighbours have an oversized tree in their front garden that partly overhangs our drive. Every autumn it creates a lot of work for us as the branches drop masses of leaves on our lawn, drive, flowerbeds, etc. I'm not kidding when I say it creates about six hours' total work in raking and bagging leaves.

It’s leaning on their fence and overhanging, legally they can cut any overhanging branches. Do they have a shed or something it was banging against? Or leaves falling into their garden?

I think you should have had it professionally cut back by a tree surgeon years ago so it leans more to your side. Just be grateful they didn’t get a professional out and send you a £500 invoice!

It seems unlikely they could have cut that close without you seeing as well as hearing. The red one may also have gone into their airspace. We trim our trees every 3-4 years so maybe they tired of waiting for you to, having asked.