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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
BluebellsGreenbells · 18/04/2021 10:54

If you know what sort of tree it is, some people may collect it for fire wood

Or you can contact a chipping service and they may take them away for free.

deardia · 18/04/2021 10:56

I would just nicely say to him, you didn't realise he will leave it for you to dispose which has left you in a bit of pickle. You assumed he would get rid of it. Next time he asks, say he can trim so long as he disposes of it

Hwory · 18/04/2021 10:58

A lot of you talk some rubbish about stuff you don't know.

He needs to OFFER the branches - if OP doesn't accept them he needs to dispose.

By dumping them in the garden he's flytipped.

Bluntness100 · 18/04/2021 10:58

Legally he doesn’t need to ask you if he can cut down over hanging branches he automatically has the legal right, so he was being polite and you cannot legally stop him

Personally I think it’s a bit shit to give you thr cuttings although again legally they are yours. In reality here he’s not done anything wrong, any in fact he’s went one better as he asked you when he could have just done it.

AdobeWanKenobi · 18/04/2021 10:58

@SympathyFatigue

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.

Again. No. She is not responsible for the branches.

Once branches are cut off they should be offered back to the tree owner. If the owner doesn’t want them then you will be responsible for disposing of the prunings; you can’t simply throw them over the boundary into your neighbour’s garden

www.rhs.org.uk/advice/profile?pid=1022

MaMaD1990 · 18/04/2021 11:03

I've been your neighbour a few months ago. Cut back a load of tresses overhanging into our garden. We got rid of everything ourselves but he is within his rights to put them back in your garden. I wouldn't say anything right now but when he asks to cut them back again, just ask if he can take the clippings somewhere himself. Be prepared for him to say no though, they are your responsibility after all.

Todaytomorrowyesterday · 18/04/2021 11:06

We’ve gone for the politeness- I have a line of shrubs that sit along a fence but are higher than the fence as I like the privacy. With our first neighbours we chatted about what they were happy with. And we would go into there garden (with permission) to take it back to the fence and clear the mess. We have new neighbours and they prefer to deal with the chopping back etc (they like it over hanging slightly as it flowers lovely. We offered to take the clippings etc but again they happy to deal with it all.

AdobeWanKenobi · 18/04/2021 11:09

he is within his rights to put them back in your garden

Again, the misinformation keeps coming.

He has to offer. You can refuse.

lmao88 · 18/04/2021 11:23

Thanks again for all your responses, definitely clued me up for the next occasion.

The boundary wall isn't the talking point, the issue is that since it is at repair stage (which I am grateful for - as is due to be over 6-7ft as it was before) my neighbour easily accessed my garden through the gaps and disposed of the clippings / branches (in a nicely arranged pile). He seemed like a reasonable guy from the initial impressions. Otherwise if there were no gaps in the fence from the onset he would have no choice but to ask me about the branches (as he couldn't access my garden and dispose of them quietly), and physically lobbing (the large branches) them over due to the size and his age wouldn't be possible. I definitely think he should've asked about the branches / disposal and he was audacious to come into my garden like that.

OP posts:
MereDintofPandiculation · 18/04/2021 11:30

The legal position is he has to offer the branches to you, but if you refuse, or he dumps without asking, it is fly tipping. But as you've seen from this thread, many people don't understand this.

Some links:

www.problemneighbours.co.uk/problems-with-neighbouring-trees-action-guide.html

www.blbsolicitors.co.uk/blog/liability-for-tree-roots-and-branches/

www.saga.co.uk/magazine/home-garden/gardening/advice-tips/what-to-do-about-a-neighbours-overhanging-tree

www.inbrief.co.uk/neighbour-disputes/removal-of-overhanging-branches/

HandfulofDust · 18/04/2021 11:36

I think it would be ridiculousto get into a dispute about this. Your tree is encroaching into his garden so is your responsibility to cut it back. He was willing to do this for you and had the courtesy to ask first. I don't think getting rid of the branches is a big deal.

TidyDancer · 18/04/2021 11:49

There are lots of people on this thread who have given you extremely bad 'advice'.

It is not a case of, as others have since clarified, your branches = your responsibility. He cut the overhang = his to deal with. He legally has to offer them back to you but if you say you don't want them then they are his responsibility to deal with and not yours. If he dumps them on your land anyway, which it appears he has, then he has fly tipped.

countrygirl99 · 18/04/2021 11:51

Legally he has to offer them to you. You can refuse. If you refuse or he doesn't ask it's technically fly tipping. But as land owner you are responsible for dealing with fly tipping on your land! If it's a good type for burning post on your local Facebook page as free to collect.

Marsbar13 · 07/11/2021 15:08

Hi
Im new on here had issues with one side we have a shared back passage at the bottom of our garden its gated at the end and is shared between me and both neighbours. Problem is in the past they chopped down their silver birch and fly tipped it outside my back fence leaving their side clear. Anyway weeks later after asking them to get rid of it they did after some time.
Any way fast forward a couple of years to present day 3 months ago they chopped another tree down and did exactly the same only difference is we needed the back to access to have new doors put in after asking writing to them everything they finally moved it and bitched to everyone around here about us asking them to move it😡anyway doors got cancelled cos of covid but are due to be put in this friday
Tomorrow they are having new fence put in i can only hope they dont fly tip my side again any advice if they do👍🏼

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