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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Rude not to ask first

145 replies

Hackedtree · 17/11/2020 15:28

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.

OP posts:
RB68 · 17/11/2020 19:24

you can cut overhanging branches and key here is branches but you cannot damage the integrity of the tree. And how do you know its a small garden? We have a big garden and several big trees including a beech and a Willow, a rowan, apple tree and so on. Neighbour at the back took half the trunk of a tree that wasn't even on his side of the fence. He had asked us to trim and we had so nothing was actually over his side he decided he wanted to go furthr and basically killed the tree. We will be coppicing down there going forward.

JuliaJohnston · 17/11/2020 19:24

For those saying 'other people's gardens are none of your business' etc - you show a lack of understanding of how everybody's environment affects everyone. Trees improve the air
Sure, absolutely. But on a micro level, shouting outside complete strangers houses in front of your horrified kids is unlikely to have any effect whatsoever, other than get you a reputation you'd probably rather not have.

TwoLeftSocksWithHoles · 17/11/2020 19:26

Yes some people can be a bit vindictive.

What I do is rake up all the leaves that fall off our neighbours trees and then, in the dead of night, throw them down on the to railway line near us.

I make sure I put the radio on early to hear about trains and the wrong kind of leaves, and then I go back to sleep in the knowledge of a 'job well done'.

Next on the 'to-do list' is inconsiderate parking - well, I have bought myself a big bag of nails...

CottonSock · 17/11/2020 19:29

It's a birch. They grow fast and can affect the ground. They have only pruned it. I'm on their side.

Suzi888 · 17/11/2020 19:38

@Defenbaker I sympathise. Our neighbour has put a 3m high fence all the way down the side of their garden, their property is on higher land than ours. He actually wanted it taller and tried to persuade my husband to let him on more than one occasion. My DH explained that we won’t get any light as we are North facing and that 3m is already very tall. He hasn’t sawn the posts so they are about 1m above the fence height. He’s now grown conifers all the way down the side, which he waters in the middle of the afternoon in summer, soaking us, our washing and our garden at various times. He grows bind weed and other invasive shrubs on purpose. He’s in his seventies and keeps saying how he won’t be able to access his garden soon (very steep slopes). So we will be stuck with a dark, damp garden. We will want to move in a few years and we know that this will affect the sale of our property.
People are unspeakably selfish and I agree the law should change.

ivfbeenbusy · 17/11/2020 19:45

I have just looked online and I’m in a conservation area.

This is pretty irrelevant when it comes to trees. Unless the tree specifically has a TPO on it you/your neighbour can still cut the tree back outside of nesting season which is November to March

oneglassandpuzzled · 17/11/2020 19:49

@Covert19

Why the tree hatred on here? Tress are beautiful, and they enhance our environment. Moaning about having to rake up leaves in the autumn, but completely missing the joy of what trees give: shade, habitat for insects and birds, biodiversity, soil cohesion and soaking up water. No big trees = more flooding. I bet you all have astro-turf lawns too.
Nope we have lots of trees and my husband is a very gifted gardener. He spends most of his time out there and, no boasting, it is stunning. It is also a wildlife haven.
Mooballs · 17/11/2020 19:51

@ivfbeenbusy

I have just looked online and I’m in a conservation area.

This is pretty irrelevant when it comes to trees. Unless the tree specifically has a TPO on it you/your neighbour can still cut the tree back outside of nesting season which is November to March

This is incorrect. All trees in conservation areas are protected and you need permission to do any works to them. Lookit up! OP your neighbours could be in trouble for that.....
BlurredLinesBlake · 17/11/2020 19:56

I would have done the same as you neighbour. Trees that are allowed to get huge and are not maintained or pruned can create a nuisance. We have the same issue and our previous request to have it pruned back was ignored. We will be cutting back on our side and couldn’t care less if they have an issue.

IceFrost · 17/11/2020 19:59

@Benjispruce2

YANBU You’re right. They should’ve said they intended to trim their side.
Why should they? If it’s on their side then they can do it. Considering the OP hasn’t bothered in 5 years and isn’t bothered about keeping up with happy neighbor relations why should they.
Burnthurst187 · 17/11/2020 20:02

This is simple:

Overhanging their boundary, they are totally within their rights

Not overhanging, they shouldn't have done it. Not much you can do about it though other than make them aware of the rules

jessstan1 · 17/11/2020 20:15

Mooballs:
All trees in conservation areas are protected and you need permission to do any works to them. Lookit up! OP your neighbours could be in trouble for that.....
......
Who is going to 'tell' on them? The tree is still standing, alive and growing. It is not unreasonable to cut down overhanging branches which obscure your light. I don't 'get' why the op is so bothered about it.

LIZS · 17/11/2020 20:16

Surely you would know, having bought only 6 years ago, if you lived in a Conservation area - it limits all sorts of changes and actvities. Trees with tpo's may be listed online on council website. A tree surgeon should check for these in advance of any work and advise accordingly. That may be why you were told not to bother at the time.

Moondust001 · 17/11/2020 20:24

I have sympathy with the neighbours. I love trees but that is a big tree. But what I am more fascinated by is the fact that in six years your interactions with the neighbours seems to consist of (1) refusing to discuss cutting back a tree that overhangs their property and (b) occasionally saying hello in passing. That isn't really screaming "neighbourly" so perhaps they didn't feel that they could talk to you about it.

WillSantaBeComingToTown · 17/11/2020 20:31

What happens in our conservation area is that the tree surgeon contacts the named person at the council. For trimming in 90% of cases they say yes without submitting a formal request (and the surgeon goes ahead and trims). Sometime they need more time to think/look a the pictures.

To remove any tree over 16cms trunk needs planning consent.

LIZS · 17/11/2020 20:34

It is possible for your property to be in the Conservation Area and your neighbours or even the tree not.

Original poster
Hackedtree · 17/11/2020 20:49

@Moondust001 we just don’t bump into each other, their house is behind mine so we don’t see each other on our door steps. I’m friendly with plenty of neighbours but our paths just don’t seem to cross.

@LIZS we are both in the conservation area, It covers most of my town.

OP posts:
Thewithesarehere · 17/11/2020 20:54

That is a HUGE tree, regardless of the point that other houses have similar.
I applaud your neighbour to be so patient for years.

MsJudgemental · 17/11/2020 21:19

We live in a conservation area of Victorian villas with smallish gardens. When trees get too big, they seriously affect the availability of sunlight in gardens. People just don't consider that their trees which are north of their house are south of ours and block the sun. Our neighbours and ourselves are constantly in (polite) dispute regarding pruning of other people's trees. Nothing to do with leaves causing a mess; I love our birds and squirrels. It's the reduction of sunlight!

Janus · 17/11/2020 21:23

It’s a silver birch, they are a delicate tree with a gentle foliage. They have to be cut back properly as it can kill them if you cut too much of the rising sap, particularly at the wrong time of year. I don’t get all the people ‘what a big tree, I’d be fed up’. If there’s a tree in someone else’s garden it doesn’t matter how annoying it is for you, you cannot just cut into someone’s tree, apart from the overhang of course. Even then this is a delicate tree and you risk weakening and killing it if you just chop away. It may be worth having a word and explaining this is and they should ask for permission to cut it in future.

TheStripes · 17/11/2020 23:11

@Janus

It’s a silver birch, they are a delicate tree with a gentle foliage. They have to be cut back properly as it can kill them if you cut too much of the rising sap, particularly at the wrong time of year. I don’t get all the people ‘what a big tree, I’d be fed up’. If there’s a tree in someone else’s garden it doesn’t matter how annoying it is for you, you cannot just cut into someone’s tree, apart from the overhang of course. Even then this is a delicate tree and you risk weakening and killing it if you just chop away. It may be worth having a word and explaining this is and they should ask for permission to cut it in future.
Surely the OP should just ensure it doesn’t overhang in future?
Osirus · 17/11/2020 23:42

OP, your tree is just beautiful and I’m not surprised you didn’t want to cut it. I love silver birch and I’m rather lucky that I own a woodland full of them.

They should have said that they wanted to cut it back from their side. They can do what they want in their garden, as can you. Keep your gorgeous tree.

The posters here saying they would hate your tree probably have a garden full of plastic grass. 🤣

RoseTintedAtuin · 18/11/2020 00:24

I love a tree but accept that others may not feel that way. Since you had someone in to tidy up the shrubs and didn’t touch the tree they (rightly) will have assumed you didn’t intend on doing anything with it and so decided to remove the parts which overhang-this seems reasonable to me as they had indicated to you previously that they weren’t happy with the tree. No they didn’t ask again but you never broached the topic with them either to check they were happy (as it’s yours I would expect it reasonable for you to check in if it was important to you). I don’t think they’ve done anything wrong. I equally don’t think you have. But lack of communication and inward resentment can be an issue between neighbours and it is a large tree...

seayork2020 · 18/11/2020 00:28

so they asked you, you refused, they did what was allowed by law (if it was allowed) and now you have a problem with it?