To think I'm not responsible for this tree?

ZenNudist · 24/08/2021 19:12

It's usual to cut back branches on your side if they bother you. But not mandatory so YANBU.

Anordinarymum · 24/08/2021 19:18

@MrsBede

I've posted about the first bit before. My neighbours at a right angle to me are tenants. Their back garden borders my drive and the fence panels are broken. On their side of the fence is also a tree, the branches of which make access to the fence impossible and are also making my drive unusable, though I don't use it anyway so I'm not bothered really. At the other side (it's a corner plot) the branches of the tree are covering the pavement, causing people to duck or cross over as they walk by which, again, I don't really care about, though I do think it's rude to allow it to happen. I had a request via a letting agent to go 50/50 on the fence (deeds don't show who's responsible) and I said that before even discussing that they needed to sort the tree, which is encroaching onto my property and blocking the pavement.

The tenants have come round to say that they have been told they need to cut the tree back - LL has said they need to do it themselves or be charged. They were checking I was okay with them coming onto the drive to do it, which I obviously am. The man also said that the problem was it hadn't been touched in ages and started hinting I was partly responsible. He said 'normally with a hedge you would trim your side and we'd trim ours...', to which I said that it wasn't a hedge but a tree and it doesn't form the boundary as it's clearly on their side and then a fence forms the boundary. He said their LL calls it a bush but didn't push it and was very pleasant, but now I'm doubting whether I'm right. I have no idea what it is - looks like a tree to me but could be a very large shrub I guess, if that makes a difference.

AIBU to say that this tree or bush is not my responsibility at all? I have lived here 9 years and never touched it or had to discuss it before now. It's never got this overgrown before so I feel the previous tenants or LL (the house was sold about 3 years ago) did maintain it. I also don't want to pay towards the fence when the tree is finally sorted either as I feel like the LL is dodging their responsibilities somewhat.

If there is a landlord involved then it is his responsibility assuming the neighbour did not plant it of course

Newnames123 · 24/08/2021 19:23

Usually deeds will state who is responsible for fence. If they don't 50/50 is fair.
LL should deal with tree though.

Aprilx · 24/08/2021 19:27

You are allowed to cut a hedge or tree that is encroaching over onto your property, but you are not obliged to.

SunbathingDragon · 24/08/2021 19:28

Yanbu. We (or a gardener on our behalf) go into our neighbour’s garden (with their consent) to trim our hedge every so often so I don’t think it’s even always expected that people trim their side of a hedge let alone a tree.

ChickpeaCrunch · 24/08/2021 19:31

You can cut it back if it's growing into your property but you don't have to. Don't pay for anything you don't have to!

ChickpeaCrunch · 24/08/2021 19:31

We have a hedge that goes onto the neighbours side and we cut it for them, we did ask first just in case they liked it.

0blio · 24/08/2021 19:34

It is very frustrating (and unfair!) that the responsibility for pruning a tree (or hedge, bush or shrub) lies with the person whose property it is encroaching upon. I have just paid over £300 to have overhanging branches cut back along the whole length of my garden so I'm having to pay to maintain someone else's property, it really irritates me but apparently the owners can let them grow as big as they like and don't have to pay a penny.

NoSquirrels · 24/08/2021 19:36

Do you have a photo? Because if it’s a very overgrown tree, it needs a professional. Destabilising a mature tree by hacking at it isn’t a good plan - you don’t want it falling down in the future! If it’s a very overgrown bush/shrub (and some can get tree-size) then not such an issue the tenants will be cutting it themselves.

If the deeds don’t say whose the fence is, then I’d agree to share the cost as soon as the tree/shrub is dealt with.

I’d ask the tenants for the landlord’s details to talk direct. Not fair for it all to go through them.

Suzi888 · 24/08/2021 19:36

House deeds or ask your local authority planning Dept to take a look. (They checked ours). If you say you want to chop it but not sure if your allowed/ they’ll soon let you know.

Piffle11 · 24/08/2021 19:41

Isn’t there some odd law/rule that says you are allowed to cut what overhangs your side, but you have to offer the cuttings back to the owner of the tree? You’re not obliged to cut it though. I would’ve thought this was more the landlord’s responsibility than the tenants’ tbh.

godmum56 · 24/08/2021 19:47

if the trunk is on their side of the boundary then they own the tree. No ifs ands or buts

Blossomtoes · 24/08/2021 19:50

It’s not tenants’ responsibility any more than it’s yours. The landlord is a CF.

Original poster

MrsBede · 24/08/2021 19:52

Thanks all. To be honest, for a long time I didn't care at all. Now I'm starting to care a bit as it's almost completely blocking the drive but there is no way I'm paying to get it done and I haven't got the tools or time to do it myself.

I'm not that happy about the 50/50 thing either because surely a LL has a budget for such things?

OP posts:

NoSquirrels · 24/08/2021 19:55

I'm not that happy about the 50/50 thing either because surely a LL has a budget for such things?

Well, the counter-argument to this is that surely a homeowner has budget for such things?

Maintaining boundaries is a property owner job. If you both own that boundary then you both pay to maintain it.

TheRebelle · 24/08/2021 19:55

I would’ve thought if the fence is at the end of their back garden but only on to your drive then it would be their fence tbh.

PheasantsNest · 24/08/2021 19:59

Sadly it is your responsibility. My selfish neighbour allows their tree to become hugely overgrown so we end up cutting it back. I would never cause a nuisance like that to my neighbours.

StoneofDestiny · 24/08/2021 20:10

LL is responsible for the tree. It's not uncommon to go 50/50 on fence - it's neighbourly as you both benefit from it.

Original poster

MrsBede · 24/08/2021 20:10

@NoSquirrels

I'm not that happy about the 50/50 thing either because surely a LL has a budget for such things?

Well, the counter-argument to this is that surely a homeowner has budget for such things?

Maintaining boundaries is a property owner job. If you both own that boundary then you both pay to maintain it.

I do have a budget for such things and pay out all the time - at one point or another I've replaced all the panels in my back garden - 3 sides - though that doesn't border this neighbour. I've also paid to have 6 massive trees cut down over the last 9 years and for others to be kept in order - all on my property so obviously up to me. I just don't see why I should be subsidising them as well.

OP posts:

Original poster

MrsBede · 24/08/2021 20:12

it's neighbourly as you both benefit from it.

I'd agree with that except it's not neighbourly as the LL isn't my neighbour. It's not like helping out another homeowner who's in the same boat as me, it's like subsidising someone's business for them, which I don't feel like doing.

OP posts:

StoneofDestiny · 24/08/2021 20:18

Well if your not bothered about having a fence just let it go.

imnotsure1 · 24/08/2021 20:30

Their responsibility! We've never asked neighbours to go 50/50 with the fences on our boundary never mind a tree. LL/tenant are just trying their luck.

godmum56 · 24/08/2021 20:31

@StoneofDestiny

Well if your not bothered about having a fence just let it go.

^^ this. there is no law that says that a boundary has to be fenced although its sometimes a condtion of ownership or a covenant on the property.

MrsTerryPratchett · 24/08/2021 20:37

I wouldn't let uninsured randos onto my property to play at tree surgeon. If they hurt themselves, who's liable?