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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Neighbour tree issues

39 replies

lmao88 · 18/04/2021 09:51

Pls help me out here.

I recently moved onto the property ladder purchasing a new house a few weeks ago - so this is all new to me. One of the neighbours asked me if he could trim back one of my trees (a huge tree at the end of my garden) which was encroaching onto his garden and shading it. I said ok go ahead, trim back the branches which going onto his side. Also in the meantime this neighbour is the fixing the fence between our gardens and this was wall is his responsibility, so there are currently gaps between the fence between our gardens (whilst it is under repair). Ok so back to the tree, he cuts don't the branches which were going on his side, and places all those branches (lots of them) in a pile in our garden. I was a bit miffed, I thought it would be his responsibility to dispose them, the heaviest branch is like 7-10kg. I'm not sure what the etiquette is for this type of scenario. I want to go and tell him to remove those branches and dispose of it himself, but concerned that it might cause neighbourly issues. What do I do and say? AIBU?Confused

OP posts:
dementedpixie · 18/04/2021 09:55

He can cut them but then must offer them back to you as its your property. He has gone to the trouble of cutting them so you'd look a bit unreasonable quibbling about disposing of the cuttings.

Twinkie01 · 18/04/2021 09:55

You tree your problem to get rid of by law

rwalker · 18/04/2021 09:56

Your trees your branches your a complete CF if you ask him to dispose of them .

Rillington · 18/04/2021 09:56

It's your responsibility to dispose of them.

dementedpixie · 18/04/2021 09:56

And if he's also fixing the fence I'd be even less likely to complain

DungeonKeeper · 18/04/2021 09:58

Your tree, he can give them back to you.

autumnboys · 18/04/2021 10:00

Next time he asks about cutting the tree, say it’s fine but he needs to get rid of the clippings. I think you’ll have to deal this time though.

FLOrenze · 18/04/2021 10:01

Legally he is not allowed to keep any thing he takes from your garden, I would offer them on freecycle. You will be amazed what people will take.

MimiSunshine · 18/04/2021 10:02

By law he’s done the right thing but IMO he should have asked you if you wanted them (who would?!🤨) or shall he just get rid of them?

It’s not like you asked him to cut the tree back, he wanted to and it only benefits him so he should dispose of the waste. Not leave you with a job to do that you thought was a neighbourly favour to him.

You could feign ignorance and say ‘oh thanks for the offer but we Don’t need these back so feel free to keep or get rid of’.

DentonsFringeArnottsWaistcoat · 18/04/2021 10:03

He has the right to cut anything hanging over his boundary. However, the correct way to proceed is he should ‘offer’ you the branches etc back to dispose of. You can accept or decline. What he should not do, however, is dump them in your garden without asking. That constitutes fly tipping, irregardless of whether you ‘own’ the branches or not.

MimiSunshine · 18/04/2021 10:04

@dementedpixie

And if he's also fixing the fence I'd be even less likely to complain
If it’s fence / boundary to maintain then he’s not doing the OP a favour by repairing it.
Terminallysleepdeprived · 18/04/2021 10:06

You need to learn the legalities of owning a house @lmao88 and fast.

Your tree your responsibility. Technically you should have offered tomorrow someone to trim the tree, and the neighbour has done the right thing by passing the waste back to your property.

Returnoftheowl · 18/04/2021 10:07

I'm afraid if it's your tree then it's your responsibility to dispose of the branches.

Regarding the wall - if it's his boundary to maintain then he can maintain it however he sees fit. He can remove the wall and mark out the boundary with a piece of string if he so chooses. If you don't like that fact it has gaps in you'll have to put up fencing on your side.

Whammyyammy · 18/04/2021 10:08

They're YOUR branches , not HIS. No problem here

Teddyandsuzie · 18/04/2021 10:10

The tree is yours and in your garden. If it encroaches into his garden, he has the right to clip overhanging branches.

Even though you have only just moved in, it seems only fair that you should dispose of the clippings as it is your tree causing him a nuisance.

TeaTimeReader · 18/04/2021 10:13

Loads of people want wood including lots of people who have wood burners. Someone on Freecycle will want them. Don’t ask him to dispose of unless you want to start a war

rwalker · 18/04/2021 10:14

@MimiSunshine
If it’s fence / boundary to maintain then he’s not doing the OP a favour by repairing it.

Yes he is you under no obligation to have a fence he could just take it down .

Elieza · 18/04/2021 10:34

I believe he has followed the law.

Just be grateful he did it for you, saved you doing it. If you had done it yourself you’d still need to dispose of the cuttings so you’d be in the same position, just more tired!

Perhaps next time you could get some quotes from companies. It will be dear though.

MsHedgehog · 18/04/2021 10:38

He needs to have offered you the branches as they’re your property...not simply dump them in your garden!

JackieWeaverFever · 18/04/2021 10:45

Yabu but I am guessing from the post you haven't owned a garden previously. Don't speak to them about tree because you will be the "bad neighbour"

In our area if the tree is overgrowing the owner of the tree pays the tree surgeon or does the expensive/time consuming and difficult job of pruning, not the affected neighbour.

So i think your neighbour sounds decent and did you a solid by chopping the branches. When they discussed it with you they were being polite and prob hoping you would say "i will deal with it"
They legally have to offer them back and you should dispose of them because it's your tree!

As others said the boundary is their business if you dont like it either chip in on costs or put your own up.

You need to chill out a bit and also get used to home owner responsibilities.

AdobeWanKenobi · 18/04/2021 10:48

He hasn't followed the law at all.

He has to offer the cuttings back. OP can refuse them. Dumping them over the fence is fly tipping. OP is under no obligation to dispose of them.

Go read Garden Law for an hour.

Original poster
lmao88 · 18/04/2021 10:49

Thanks for the responses. I definitely need to be sharper next time and outline proper arrangements re. the overhanging tree branches, and will manage the branches myself on this occasion.
For example the trees and overhanging trees at my mum’s garden there is a long standing arrangement that any overhanging branches can we take back (with notice to the tree owners) but the responsibility of disposal is that of the person / property cutting it back, although this is a long established arrangement.

With respects to my neighbour repairing the garden fence, as it is his boundary wall it is his responsibility.

OP posts:
dementedpixie · 18/04/2021 10:50

Does she really want to get into a dispute with him when just newly moved in?
Maybe ask his advice on how to deal with them. Or offer them on fb for firewood

dementedpixie · 18/04/2021 10:52

He doesn't even need to have a fence so could leave it unrepaired if he wanted. Next time agree who is taking responsibility for any cuttings or cut it back yourself

SympathyFatigue · 18/04/2021 10:54

It's your tree. It's overhanging his garden.
Just be pleased he chopped it and you didn't need to pay.
You are responsible for the branches.
It's your tree.

Others might have lovely arrangements with neighbours that say if they chop it they dispose but that's not what he needs to do.
I'd think you were mad if you told me to take your tree branches and get rid of them.
Be pleased he didn't just throw them randomly at the garden.

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