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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

AIBU to not do anything about this tree?

120 replies

ChristmasWithDC · 14/10/2021 10:10

I’ve (hopefully) attached a high quality diagram to explain the situation as it’s too confusing otherwise. Basically my next door neighbour built a kitchen extension last year which goes up to my garden wall. I have no problem with the extension, it doesn’t bother me at all. However, it’s been built underneath a large branch of one of my trees which has a TPO on it. When it’s very windy (we’re on top of a hill and pretty exposed) the branch seats up and down and bangs on their new kitchen roof.

Neighbour asked me if I could get the branch removed, said they’d be happy to pay for it. I said I was happy for it to be removed but I needed to apply via the council as it has a TPO on it (it’s a Scots Pine of that makes any difference at all). A man from the council came out and had a look and said I’m not allowed to cut it down as it makes up such a large proportion of the tree doing so would almost certainly kill the tree. He did some stress tests on it and said that even though it moves it’s in no danger of snapping or falling.

I told neighbour about this and they were absolutely furious with me. They said that I was deliberately making life in their house stressful and that I had no idea how much strain this tree had put on their lives . I told them if they were unhappy that they could phone the council and speak to the man themselves but they’ve decided that I must have bribed him in some way as there’s no possible way anyone would refuse this request. They then applied to the council again to have it removed, the council wouldn’t even come out, just said that they’d already done an assessment and as nothing had changed there was nothing further to discuss.

They are now contacting me at least twice a week telling me that the banging kept them awake and asking me what I’m going to do about it. I keep asking them what they want me to do and they just tell me that it’s my problem and that if it fell through their roof and killed them then I would be held responsible.

I don’t know what they want me to do! I’m not allowed to touch the tree. They built their extension underneath, knowing it was there and not asking me to get it assessed or anything before they started building.

Any suggestions? I don’t want to kill the tree as that genuinely could be dangerous and because the council have been contacted about it so many times I’m sure they’d investigate and find out if it had been done on purpose.

AIBU to not do anything about this tree?

OP posts:

laptopsnappy · 14/10/2021 11:55

It sounds like a frustrating situation for both you and your neighbour.

I used to have a huge Scots pine just over my fence at the bottom of my garden with a TPO. My neighbour had been corresponding with the council for at least 15 years about overhanging branches. As with your neighbour, mine had been told firmly that the tree was very safe, no chance of anything falling, basically to shut up and go away.

Then one very still summer afternoon the branch fell off the tree. The branch that fell was at least as large as quite a large tree just in itself. It completely obliterated the fence, the whole garden and managed to clip off tiles from the roof. It was extremely lucky that my neighbour wasn't in their garden as it would have seriously injured him, or could conceivably have been fatal.

I guess my lesson is not really to believe that tree is 'definitely' safe. The council can make their best guess, but they can't know. Your neighbour might actually have a reasonable case - maybe they could commission another report independently?

Aderyn21 · 14/10/2021 12:07

I feel for your neighbour too. They should be able to do what they want with their own garden and not have that affected by someone else's tree. I'd also be worried about its safety. OTOH, it's not your fault either - the tree might be in your garden but it's not like you are free to do as you please wrt it either!
Did you get it in writing from the council that they consider the branch to be completely safe? I'd also check with your house insurance to establish what your legal liability would be if something did go wrong. Because if you have it in writing from the council that you aren't allowed to touch the tree, then surely that ought to mitigate your liability. But I wouldn't want to rely on something the council said - I'd want that nailed down in writing.
Good idea for your neighbour to get a second opinion.

LunaAndHerMoonDragons · 14/10/2021 12:17

@Clovacloud

If they decide to ignore the TPO (which they might) and get the branch cut anyway, let the council man know ASAP so you aren’t the one that gets the fine, because those fines are pretty big. They should have thought about it before building their extension.

Might help them restrain themselves from cutting the branch if you add this to the letter.

TedGlenn · 14/10/2021 12:23

Make sure you CC in the council (i.e. so the neighbours can see you have cc'd in the council) this also ensures there is a public record of the letter - will help prove your "non-culpability" if it falls on their extension.

Notjustanymum · 14/10/2021 12:57

You could invite them to procure the services of a professional to report on the tree to the council, and if it will help, the branch could be propped to stabilise it - only with the Council’s agreement and at their (neighbours) own cost, of course.

Hoppinggreen · 14/10/2021 13:01

We have quite a few trees with TPOs at the bottom of our garden. A Tree surgeon should we spoke to about trimming them (with permission of course) said that if he came across any branches that were dangerous he was allowed to remove them.
We actually didn’t go ahead so I have no idea if it’s true.
I did also ask the council if they could guarantee the trees were safe but they said they couldn’t

Shehasadiamondinthesky · 14/10/2021 13:04

I'd have told them to f by now. Can't stand incessant whingers.
It was their responsibility to do an environmental check and contact the council if necessary before they built their extension.

PicsInRed · 14/10/2021 13:13

@ChristmasWithDC

CCTV on the tree is a good idea. I could watch it patting their extension good night 😁

"Patting their extension good night"

shakehandswithdanger · 14/10/2021 13:17

How can OP be held responsible (legally, financially, or morally) if the council forbids her from cutting back the limb? It's not her fault!

I do agree that it's impossible to guarantee that the limb is safe. In a particularly bad storm, unusual things happen, and unless the tree is monitored regularly, it might deteriorate and become a hazard. I wouldn't risk a fine to make the neighbours happy, though.

Your neighbours need to keep contacting the council and posisbly seek legal advice. It's their responsibility, as they're the ones who built the extension and need the council to change the ruling. You've already tried to help. Now they can help themselves!

Dojacatpaws · 14/10/2021 13:20

Removing the branch may not cause the tree to die though, can they just cut it back a bit but not fully

GoodnightGrandma · 14/10/2021 13:20

You’ll probably find the branch missing one day.

takenforgrantednana · 14/10/2021 13:25

@ChristmasWithDC

Thanks for the advice. How does this sound?

Hi AngryNeighbour,

Just to reiterate again that there is nothing that I can do to prevent the tree at the bottom of my garden from banging on the roof of your extension. As you know the council visited back in May and confirmed that removing the limb that is directly above your extension would cause the tree to die. The tree is over 150 years old, hence the TPO and, as AngryNeighbourTown is a conservation area, it cannot be touched without express permission from the council, which they have refused. Multiple stress tests were performed which confirmed that the branch is secure and currently poses no risk of breaking or falling into your property.

As both myself and the council have told you many times there is nothing that can currently be done about the branch. I apologise if you feel it disturbs your peace but there is nothing that I can do to change that. Please refrain from contacting me about the tree as it is disturbing my right to peaceful enjoyment of my property.

Love and kisses
TreeLady xoxox

i would remove the apology if it disturbs them, it was them that built the kitchen extention and their surveyor should have pointed all this out to them.

i would also be taking regular pictures of the tree from all angles, such as once a month. as others have said i can see them taking matters into their own hands be that cutting it down or pouring some sort of poison on it

NorthSouthcatlady · 14/10/2021 13:28

Letter is great. Get that over to them and then decline to talk about it again. There’s nothing more to say if the council says no

@Brollywasntneededafterall not just me thinking they should move the extension then!

malmi · 14/10/2021 13:37

Could the neighbour, at their own cost and risk, attach something like this to their extension to hold the branch in place during high winds? With permission from you and the council. Just trying to think of a way forward that preserves relations.

Ilovecaviar · 14/10/2021 13:38

Did they build the extension under planning permission or PD? If planning permission then they can go back to the council and explain the council passed the planning application despite the tree branch hanging over it at x height, some very basic maths would’ve told them in advance if there was going to be a problem. If they did it under PD then again they should’ve done a height check. So yanbu and tough luck!

candycane222 · 14/10/2021 14:02

Surely they should be thinking what they can do to their kitchen to protect it from the tree , now they know they can't change the tree. They should ask their architect/builder for advice. A nice rubber cushion could stop the noise for instance.

If they are blatantly suggesting you bribed the tree officer you're quite within your rights to ask them pretty firmly to stop contacting you about it, I'd have thought.

HyacynthBucket · 14/10/2021 14:05

Did your neighbours need planning permission for their extension OP? If so, the tree branch should have been taken into consideration in giving permission. If they did not get planning permission, it is possible that the extension was done under 'permitted development', but badly if they did not consider the tree, but it might be worth checking whether they put the extension up without necessary planning permission. They would not have a leg to stand on about the tree, if that was the case.

BlowDryRat · 14/10/2021 14:10

Excellent diagram.

Your letter is perfect. You could throw in a suggestion about the branch brace things another poster thought of if you want to channel their energies elsewhere.

pussycatlickinglollyices · 14/10/2021 14:11

@ChristmasWithDC
Send a copy of your correspondence with your neighbour to the TPO chap from the Council. (include their messages to you if poss)
Just in case they decide to lop the branch off when you're out. At least the Council will know it's them not you.
Also, don't apologise for a tree that has been there longer than they have.

Brollywasntneededafterall · 14/10/2021 14:26

How is it op's fault a tree already there is hitting a newly installed building?

plumpylumpydumpy · 14/10/2021 17:57

I would change 'I apologise' to 'it's unfortunate'!

Mymapuddlington · 14/10/2021 18:03

Yanbu it’s not like you’ve just planted the tree ffs

SpeedRunParent · 14/10/2021 18:11

Alert them to the massive legal bill another tree argument case has landed a complainant with - mainly for harassment. Make it clear in writing that you have done what you can and any further contact over this will be considered harassment.

thefirstmrsrochester · 14/10/2021 18:19

I’d have told them to get to fuck as well, the tree didn’t spring up overnight next to their extension. They will be in a whole lot of trouble if they attempt to harm the tree in order to get it, or the branch removed. FIL (who is a monumental arse) drilled holes through the trunk of a tree to attempt to kill it. Wasn’t on his land, just case shade on his garden. It had a TPO and he received a very hefty fine for his wee foray into environmental vandalism.

HarrisonStickle · 14/10/2021 18:21

I've seen some pretty major work done to Scots Pines, so I'm wondering about the assertion that removing the branch will kill the tree. This one at Claydon House for instance has had some fairly serious pruning!

whatsonoxon.co.uk/online-leaflet/claydon-house

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