AIBU to not do anything about this tree?

[ChristmasWithDC]

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.

They have a part off their property (irrelevant whether new or old really) that is not only overhung by a neighbouring tree, it is being hit by said tree during certain weather conditions and will eventually suffer damage over time from this.

It is totally relevant that the extension is new as they chose to build it in proximity to a tree with a TPO on it.
Not sure why anyone has sympathy for the neighbour. They were and are idiots.

@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

You've already told your idiot neighbours this but they refuse to believe you and continue to harass you.

Pay a solicitor £60-£80 and have this put into an official letter.

I guarantee they'll crawl back into the hole they live in and not bother you again.

hopeisallineed it’s lovely really. My house used to be a public building and a lot of people still feel they have a claim to it. I cut a bush down once (with permission) and our local FB page was full of people reminiscing about the times they’d spent by the bush and anecdotes about the bush. It’s quite sweet, really.

It doesn’t sound sweet, it sounds really annoying. I’d hate it. If you can’t garden without people raging about it on FB…that’s really intrusive ☹️

I’d love to know what they expect you to do. Reminds me of another neighbour post on here where someone wanted the mn to stop the birds in her garden )or something like that)

Firstly, amazing diagram OP. Thank you 😊

I would keep your email much shorter, to the point and without the apologies. Their problems are not yours to solve. I'd also ask the neighbour to stop contacting you about this matter and say any further contact will be construed as harassment.

Finally I would reiterate your commitment to the trees health and happiness and longevity just in case anyone accuses you of wishing it harm.

Could you consult a tree surgeon and ask if it would be possible to support the overhanging branch so that it does not sway in the wind - either using ropes, straps attached to a something higher up - another part of the tree or to a pole fixed in to the ground or something on their kitchen roof? If the branch over hangs wasn't this considered when their extension was built or did they ignore it or not note it as a possible problem? Are the tree's roots likely to affect the extension - did they have to avoid damaging the roots when the foundations were put in?

@Hopeisallineed

It doesn’t sound sweet, it sounds really annoying. I’d hate it. If you can’t garden without people raging about it on FB…that’s really intrusive ☹️

Some people like being part of a heritage and are more than happy to help preserve it.

Diagram is fabulous

@ChristmasWithDC

At our first house we had a mature Scots Pine with a TPO on it, with limbs which overhung the pavement at the rear. We were concerned about the possibility of something falling on people passing. We had an inspection done by a tree surgeon when we moved in so we could take out any necessary insurance if needed.

All was safe with ours, but there was a large second trunk which would have been the vulnerable bit, and we were able to have a Cobra strap installed, which loosely tied it back to the rest of the tree - so if it ever broke, it would fall back into our garden rather than out over the pavement. This gave me huge peace of mind, and we were able to show our insurers we had taken any necessary measures, so our usual household insurance would cover us if it did ever fall.

You might be able to add something similar to your tree if your tree officer agrees.

How is the banging keeping them awake? Are they sleeping in the kitchen?

Could they put some kind of rubber matting on the flat roof to muffle the noise?

Just goes to show though; those posters suggesting the OP gets a report, gets another opinion etc - clearly the neighbours are not alone in thinking the OP needs to sort it out and pay for the privilege too 🤔

I would say
Dear plonker
The tree has a TPO on it, presumably your architect/builder/planners/selves knew this. When you buult your extension. Perhaps you should be taking it up with them as to finding a solution.

The situation is out of my hands.
I have tried to collaborate with you in all ways possible.
There is nothing more I can do
if you cut it down you may get a fine of up to £20k
Toodleooo
XmaswithDC

@MiddlesexGirl I live in a listed 1740s cottage in the Lakes, I feel like I’m helping to ‘preserve’ it in some way but fortunately my neighbours are not snooping on me 24/7 and watching everything I do, nor talking about me on Facebook groups or potentially reporting me for cutting down bushes. I think they probably have better things to do. You can have it both ways, amazingly.

The neighbours are idiots clearly but my worry would be who is liable if the branch falls on their kitchen!

Offer them this advice; tell them to measure the roof of the kitchen, and get some Meade to measure foam material and apply it to the roof. Job done!

Yesterday 11:47 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.“

Nonsense.

You’re the angry neighbour, aren’t you?

Send them this. Chapter 10. If they decide to take matters into their own hands then they may be liable to a £20k fine.

TPO Fine

They purchased a house in a conservation area so should have been told/known that the trees near them would be subject to a TPO. They decided to build their extension underneath a tree. It’s on them.

@MrsSkylerWhite

Yesterday 11:47 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.“

Nonsense.

You’re the angry neighbour, aren’t you?

@MrsSkylerWhite

Do you have case law examples to show they wouldn’t be liable, please?

We would have been if our tree had fallen on someone on the road it overhung, so I’d like to know what has changed legally in the past 12 years or so.

@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.

It’s their problem for building an extension underneath it.

www.buckles-law.co.uk/library-news/compensation-for-damages-arising-from-refused-consent/

This case looks interesting - IANAL, but it seems to suggest that the homeowners have a responsibility to mitigate the potential for damage themselves and I'm not sure whether building underneath the tree would count. It also suggests that the council is responsible if they refuse to allow the tree to be altered, not the homeowner.

@Hoppinggreen

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

This is true, but the branches do indeed have to be definitely dangerous.

We have a TPO on our woodland.

@Suzi888

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.

Don’t do this!

mrstuliptattsyrup how can I be legally responsible for any damage caused by the tree when I have in writing from the council that I am not permitted to remove any branches and that the stress tests the did showed it to be safe? Surely it would be the fault of either the architect for not taking the tree into consideration when drawing up the plans or the council for stating it is safe and I can’t touch it.

I'd seek legal advice on this before responding in writing to your neighbour. Then I'd see if I could come to a compromise that accommodates everyone under the requirements of the TPO - at their expense.

I completely see your point and how frustrating this could be but I'd avoid potential further disputes as much as I can.