Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to think my neighbour should have dealt with this tree 10 years ago

33 replies

Hadjab · 07/10/2021 15:27

When we bought our house 21 years ago, our neighbour was a lovely elderly widowed American woman. She had a gardener who would come in once a month to tend to the garden, keeping everything in check, including two trees. When she died, a property developer bought the house and converted it to three flats, the bottom and top he rents out, the middle, privately owned.

Ten years ago, my husband contacted the landlord to ask him to trim the tree next to our fence back, as it was beginning to block the light into our kitchen. Basically, he fobbed us off constantly for a number of years. We offered to go halves on the cost several times, as it was in our interest to do so - average cost of the quotes at that time were around £800.

Fast forwards to now, and the tree is approximately 60ft or more, and we have to have the light on in the kitchen during the day if we want to use it. I got more quotes recently, which are, on average, around £3k to deal with it. I’ve contacted the council’s tree department, but have heard nothing back in three months - COVID I expect. The neighbours who rent the downstairs flat have also been trying to get him to deal with it for the past five years - he has told them that they need to pay the full cost. Their garden is pretty much pitch black on even the sunniest of days.

Photos attached. What can I do now?

OP posts:
SoniaFouler · 07/10/2021 15:31

There are no photos. But it sounds horrendous.

MargaretThursday · 07/10/2021 15:32

Unless it's dangerous, or overhanging your property, I doubt you can do anything. Even if you offer to pay the lot, then it's up to him whether he does anything.

IveGotASongThatllGetOnYNerves · 07/10/2021 15:33

Nothing much unless it's causing structural damage. You can trim anything overhanging your property.

Original poster
Hadjab · 07/10/2021 15:35

Sorry pics didn’t attach

AIBU to think my neighbour should have dealt with this tree 10 years ago
AIBU to think my neighbour should have dealt with this tree 10 years ago
OP posts:
IggyAce · 07/10/2021 15:37

You are entitled to trim any branches that overhang your fence.
It sounds pretty horrendous and I’d contact the council again.

ChloeCrocodile · 07/10/2021 15:38

You can cut down any overhang but that is about it, unless the tree is causing structural damage. If the tree isn't bothering him he won't do anything about it. He doesn't even have to let you pay to get it trimmed. He can just refuse.

HarrietsChariot · 07/10/2021 15:42

You can cut off overhanging branches but I doubt that will make much difference. Ultimately there's not a lot you can do, the tree's "rights" will trump your need for daylight. Basically you can't cut trees down or back unless they are causing damage to property. The landlord doesn't care, hardly surprising because landlords exist to make money, they're not bothered about whether the tree inconveniences neighbours or even their tenant.

ThreeLittleDots · 07/10/2021 15:43

You can't do anything except offer to remove the tree yourself whilst paying the full cost. It doesn't bother him and isn't dangerous.

ThreeLittleDots · 07/10/2021 15:45

I would certainly not advise anyone to bore holes into the bark, injecting it with neat Roundup before covering the holes over again, causing it to die, become dangerous and forcing the LL to fell it.

MargaretThursday · 07/10/2021 15:53

@ThreeLittleDots

I would certainly not advise anyone to bore holes into the bark, injecting it with neat Roundup before covering the holes over again, causing it to die, become dangerous and forcing the LL to fell it.
Killing/getting rid of the tree will mean that the roots shrink and the whole building may be at risk of subsidence, possible quite severely depending on the type of tree/depth of roots etc. So yes, it would be a spectacularly stupid thing to do.
beinglikedisoverrated · 07/10/2021 15:59

Could you go half with the tenant neighbour?

RainbowCrossing · 07/10/2021 16:01

Don't you have a right to light? I know if it were a building you would...

RainbowCrossing · 07/10/2021 16:01

I mean if someone wanted to erect a building. Not if one grew there...

Moneysavvymam · 07/10/2021 16:05

@ThreeLittleDots

I would certainly not advise anyone to bore holes into the bark, injecting it with neat Roundup before covering the holes over again, causing it to die, become dangerous and forcing the LL to fell it.
Some people on this site are just plain stupid and reckless
ThreeLittleDots · 07/10/2021 16:12

LOL

Whatamesssss · 07/10/2021 16:18

But a chainsaw and some rope and chop off the lower branches to raise the canopy.

What tree is it?

IveGotASongThatllGetOnYNerves · 07/10/2021 17:21

That picture is really pretty.
I'd rather have a nice view of trees and need my light on than a view of houses but don't need my light on.

this is the view from my bedroom window. In the winter when the trees have no leaves on them it is dull.

AIBU to think my neighbour should have dealt with this tree 10 years ago
Skysblue · 07/10/2021 17:23

I think all you can do is probably pay a tree surgeon to lop off any branches that cross into the air above your property.

But a solicitor might have other ideas eg nuisance / is it restricting your legal right to peaceful enjoyment of your property. Is also possible that a legal neighbour dispute might be covered by your home insurance. If was me I’d pay for a quick chat with a lawyer who knows about the tort law of nuisance etc.

Is possible that if the landlord starts getting lawyer letters he might decide is easier to fell tree than to defend a claim…

SewingWarriorQueen76 · 07/10/2021 19:27

Is it a Leilandii? There is a lot of info on those quick growing trees

FreshFreesias · 07/10/2021 19:30

@ThreeLittleDots What a horrible comment.
Some people have no soul.
Roundup should be banned.

Aprilx · 07/10/2021 19:41

Unfortunately the answer to your question is that maybe you should have dealt with it ten years ago as you are the ones that it bothered. If the landlord doesn’t want to cut it down they are not likely to be made to, I think you and the other neighbours that it bothers May need to club together.

NoSquirrels · 07/10/2021 20:07

Well, the LL owner is never going to deal with it.

The council won’t do anything unless it’s dangerous.

So, is it worth up to £3K to you?

(What do the £3K quotes involve - is this to cut it down, raise the canopy, reduce in height, what?)

SpiderinaWingMirror · 07/10/2021 20:10

Agree. If he will allow it, pay the 3k to have it taken down. Can't see that he has any legal obligation at all.

CrotchetyQuaver · 07/10/2021 20:28

I think I'd be talking with the tenants and offering to share the cost of getting it felled

Speakuptomakeyourselfheard · 07/10/2021 20:43

I think you need to take legal advice on this OP, as you may well have a right to a certain amount of light depending on how long you've lived in your home and how much light you had originally. Whatever you do, don't take this into your own hands or encourage your neighbours tenants to do so. Perhaps club together to pay for legal advice, or you could perhaps point out to the owner of the tree that if it, or any part of it should come down in a storm then they are likely to be liable for damages, in which case it might be beneficial to remove the tree before this becomes an issue.