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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:

butterflyze · 14/10/2021 18:37

Dear neighbour. You built your extension under the overhanging branch of a tree with a TPO on it. The man from the council says that the branch cannot be removed because of the TPO.
I didn't build the extension - you did.
I didn't put a TPO on the tree - the council did.
This is not my fault.

StoneofDestiny · 14/10/2021 18:47

I'd remove the apology as it's not your fault and gives the impression you have some responsibility, which you do not. I'd just ask tell them to direct their concerns to the council.

SeasonFinale · 14/10/2021 19:08

@HarrietsChariot

They're right that it is your problem even if the council won't allow you to cut it. If it falls down and damages their property or kills them, you will be held responsible because it's your tree.

I appreciate your hands are tied but it's not their fault your tree overhangs their property. The poster who said the problem is of their own making is taking the piss, they're entitled to do what they want on their land provided they have planning permission. You don't have an inherent right to allow your property to overhang theirs.

This is actually incorrect in law.

SeasonFinale · 14/10/2021 19:13

Sorry pressed post rather than return.

Because of the TPO the OP would not be liable where the council has said she cannot cut back the overhanging branches. Any damage would be covered by the neighbours own house insurance.

Gindrinker43 · 14/10/2021 19:24

I'd just print this whole thread out and hand them that😉

Suzi888 · 14/10/2021 19:28

They should have just trimmed it without asking. I couldn’t be bothered with possibly being held liable for tree damage.
I’d say go ahead, but you didn’t hear it from me and don’t blame me if the whole thing falls on your kitchen roof and you get an fine from the council.

Flowiththego · 14/10/2021 19:42

Did you get the council tree officer's report in writing? If not, ask for it by email and forward it to them.

Welshiefluff · 14/10/2021 19:43

Ignore them

I would also be inclined to drop the council an email and say the neighbour keeps going on about the tree and wanting to cut the branch. Sort of evidence to cover your own arse in case they chop the branch down and you get blamed.

Dojacatpaws · 14/10/2021 19:46

Harrison, agree, I doubt the tree will die, op, I know you are morally in the right etc but why not try and come to some sort of compromise

AnnaSW1 · 14/10/2021 19:50

You just need to tell him to take it up with the Council. It's nothing to do with you as it's the Council's decision. You can't go around breaching the TPO on the neighbour's say so. He sounds very silly. He needs to read up on TPOs

Chloemol · 14/10/2021 19:51

I would add in your comment

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 and you chose to build an extension under a tree so I would assume that you would be aware of any potential issues and chose to go ahead

Chloemol · 14/10/2021 19:53

@HarrietsChariot

They're right that it is your problem even if the council won't allow you to cut it. If it falls down and damages their property or kills them, you will be held responsible because it's your tree.

I believe actually it will be the councils as the home owner has requested work and the council has said no

But actually perhaps it’s the neighbours as they chose to build an extension under a tree, what sane person does that

RealBecca · 14/10/2021 19:54

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

Id tell them i was going to get a restraining order if they mention it again.

Tempusfudgeit · 14/10/2021 19:56

Great diagram of the Whomping Willow, OP!

jagoda · 14/10/2021 19:56

I am not sure how they are contacting you but if by phone/text/online I would block them.

They are idiots

notangelinajolie · 14/10/2021 20:32

The bigger problem here is the roots - not the branches. Damage to their roof is the least of their problems.

If they have built too close to the tree (it sounds like they have) then the roots could crack drains, damage foundations which could lead to subsidence and all kinds of bad stuff.

They are batshit for even considering building so close to any tree - never mind one that has a tpo.

Did you tell them the tree had a tpo before they started digging?

I would also be concerned for the tree - they may well have damaged the roots when digging their foundations. Some trees have lateral roots that spread much further than their branches.

I am very surprised that the council allowed them to build the extension in the first place. When a tpo is involved hoops need to be jumped through. We have a tree with a tpo in our front garden. We wanted to build a side extension similar to the one your neighbour has and the council insisted on a tree survey before we did anything. We were within permitted development and didn't need planning permission but we were still refused.

Offmyfence · 14/10/2021 20:36

@RealBecca

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

Id tell them i was going to get a restraining order if they mention it again.

This

duckme · 14/10/2021 20:39

There must be some really anti social tree behaviour about recently. I work in a school and at least once a week a different neighbours complains about leaves falling into their garden or birds pooping on the cars because of our trees. We've had more tree surgeons out to the school site over the last couple of years than we have had supply teachers! You seriously have my sympathy OP!

Original poster

ChristmasWithDC · 14/10/2021 23:46

notangelinajolie they didn’t talk to me about the extension at all before it was built. I saw the plans after the council put the notices on lampposts in the street but tbh the tree didn’t really cross my mind. All of the trees in town that are visible from the harbour you have to apply for permission to touch, even if they don’t have a TPO as the harbour bowl is a conservation area. My trees also have a TPO on so it’s doubly hard to get permission to do anything. I would have thought it would have been brought up by their architect but it genuinely didn’t occur to me the tree might be a problem.

OP posts:

PorkTheDork · 15/10/2021 07:49

@Dojacatpaws

Harrison, agree, I doubt the tree will die, op, I know you are morally in the right etc but why not try and come to some sort of compromise

Like what? It's not the OP saying no!

mumoftinyterrors · 15/10/2021 07:58

Isn't there a massive fine for trimming down a tree with a TPO? Find out and let anybody neighbours know that if they cut the tree, you will report to the council. Get cctv near the tree to cover your arse.

Original poster

ChristmasWithDC · 15/10/2021 08:01

dojacatpaws why do you doubt the tree will die? The tree specialist said it would if it had the limb cut off as it forms such a large proportion of the tree. What kind of compromise are you suggesting? I’m not allowed to touch the tree at all. If I was allowed to cut back the bit of the branch that was causing the banging then I would. The tree man said it needed to be taken from the base of the limb or not at all, cutting it half off would also kill the tree.

I have no objection to the tree being removed if it was allowed to be. There are 13 Scots Pines in my garden, all with TPO’s. I’d only need 1 or 2 removed and it would make my house so much brighter and give me a view of the harbour. I’ve never applied to have them removed though as I don’t think it’s my place to. I bought the house knowing they were there and they are beautiful trees.

OP posts:

Original poster

ChristmasWithDC · 15/10/2021 08:03

mumoftinyterrors. Yes, I can’t touch them at all. My garden is quite exposed and whenever I do any gardening at all (which is rare) I will get a call from the council that day asking me what it is that I’ve done as someone will have reported me for doing something they consider illegal. The boundary of my garden is dry stone wall and if I even want to remove any weeds from it I need to inform the council first in case the roots of the weeds are helping to hold the wall up.

OP posts:

Seeline · 15/10/2021 08:03

I would add to your letter that anyone carrying out unauthorised works to a TPO tree can be fined up to £20,000. It's serious money.

Those saying it won't kill the tree can't possibly know this. They haven't seen it! And presumably are arboriculturalists.

Hopeisallineed · 15/10/2021 08:09

Wow @ChristmasWithDC that sounds like a horrible place to live, if you are getting constantly spied on!

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