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.

@ChristmasWithDC

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

😂😂

I can’t get over the fact that you can’t weed your garden without being reported, and yet your neighbours got planning permission for an extension right under the tree with a TRO in it…. I do wonder if it was mentioned by the architect…
You can find the planning consent on the councils website, and have a look. If it doesn’t mention anything about the tree, it might be time to speak to a solicitor.

I’d want it in writing from the council that they are liable for any damage / insurance claims and not you.

Legal sounding letter
Cease a desist
That why more
Contact when you’ve clearly explained the issue will be reported for malicious harassment

Why did their architect/builders not query building an extension directly under a tree?!

YANBU 100%. Please don't apologise in your letter, you've done nothing to apologise for and you don't want to set up a precedent or admit fault.

You are not legally responsible.

The council is - as they assessed it.

I would make the letter much shorter. Its way to waffly.

Dear Neighbour,

To confirm in writing, I have applied to the council regarding the tree and the branch. The TPO Officer has denied our application to remove the branch. Sincerest apologies but I cannot do anything further as I would be breaking the law if I were to remove the branch.

Please feel free to continue discussing this with the council, and please let me know if you gain permission. I however can do no more until the permission is granted.

All the best,
OP

I think I’d want to look like I wanted to be part of the solution (even if I didn’t really!) so I’d suggest to them that perhaps they could ask the council what solutions could be possible.

Fine, the branch cannot be removed and I understand why. You do often see large trees like these with limb supports, though - presumably for this very purpose (tree destabilised and at risk of dying if limb removed, limb possibly not 100% safe).

You shouldn’t have to pay, I’d ask them to pay but I’m sure there must be a solution to their issue. But if they’re acting all combative at the council and not approaching it from a ‘let’s find a solution’ viewpoint then no wonder the council is just palming them off.

Top notch diagram OP

Your diagram is fab, OP!

I think the draft letter is too polite. Mine would be along these lines:

Dear Neighbour

As you are aware, the tree is protected by a TPO and the council's Tree Officer has confirmed that the branch is safe. Removing the branch would be a breach of the TPO and would render whoever took such action liable for a fine that could run into thousands.

I am complying with the law and will not be taking any action with regard to the branch that overhangs your property. I realise that this will be disappointing to you, but as it was your decision to build an extension beneath a tree that is protected by a TPO, the problem is of your own making.

I consider this matter closed and will not enter into any further correspondence or discussion in connection with the tree.

Yours

Pissed-off Tree Lover

But then I can't be arsed with twatting about with eejits who build something next to something else and the complain about the something else.

You've already been told you can't do anything about the tree so there problem is with the council, not you. If they have a problem with the tree interfering with their extension, they should be asking the council why they were giving planning permission for an extension that would be affected by a tree the council had a TPO on.

This is the time at which I would go "radio silent" on the neighbours and simply pretend they don't exist. If caught and unable to escape, I would ask how they were getting on with the council about it and then express sympathy and hope that it can be sorted out for them.

Eventually they'll get so pee-d off, they'll probably cut it down in the dead of night. Problem solved. No-one knows who did it, but it wasn't you. Perhaps you were on holiday or something.

Would something like this not be an issue for their insurance?
I would give them the details of your local citizen's advice burea and suggest they call them for help.

This is probably a really dumb suggestion because I know nothing about building, but could they build something above the roof of their extension like a giant trampolinethat would catch the branch if it fell, so their roof wasn't damaged and so they don't hear it hanging all night.
If they can't strap the branch somehow, that is.
Since you do have the council's instructions in writing, I don't think this is your problem to solve anymore and I would tell them to stop contacting you or you will view it as harassment and take appropriate action. I'd contact the council and tell them that they are contacting you frequently and ask if the council could intervene.

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

I'm picturing it giggling to itself each time 🌳🤭

@ChristmasWithDC

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.

What seems sensible and reasonable isn’t always what is the case in law. I wanted to be sure that my tree wouldn’t a) cause anyone to be injured and b) I wouldn’t lose my house paying compensation if something did happen.

You might be able to take out a cheap liability insurance policy in case it does fall on their house, for peace of mind. I’d rather do that than go through the stress of dealing with it if something happened.

If the planners didn’t pick up on the constraint of a tree with a TPO at the site when they gave planning permission, then you might have some recourse to them in the event it falls on next door’s house. But I wouldn’t have wanted to risk having to try and sue the council if I’d had to compensate someone. Did you object to the planning application on the grounds that they hadn’t taken into account your protected tree?

Ultimately of course you can say that you shouldn’t be held responsible, and you don’t have to do anything, but for me, I’d rather be sure to avoid stress over it. It was still my tree.

@MrsTulipTattsyrup The course of action is for the neighbour to claim against their insurance. That company would then attempt to claim against the OP. The OP's own home insurance will already have this type of liability cover. However OP's own insurance company would successfully be able to defend any claim against the OP's insurance because of the restriction placed on the tree by the council/TPO.

Thus the OP would not be liable at any stage.

OP have you discussed this with a tree surgeon?
They have practical experience of this type of situation many times a year.
If you get an answer from them saying forget it! Ask your neighbour round to hear it first hand.
Perhaps a ts might have a better idea about cutting part of the branch than the man from the council.
(I have read all your posts)

If you haven't sent the letter already id phrase it slightly differently.

Dear angry neighbour,
I'm so sorry to hear about the banging, I can entirely understand how intrusive and upsetting it is. Honestly, if it was up to me I'd have no trouble in taking it down. I have 12 of the trees blocking my light. I can't take any of them down because if I did I'd be liable for a £20k fine (or prison or whatever it is). I'm a law abiding citizen and I don't want any trouble. I asked the council as soon as you mentioned it, I honestly wanted a good outcome for you, and also i'm truly sorry that we are both hamstrung by the regulations here.
If you have any new feasible suggestions about what can be done please get in contact, but can you otherwise stop contacting me about it - you can see I'm powerless and it is really getting me down that you seem to think that I could influence this in some way, but am choosing not to - I honestly can't.

I think they are fantasising about your power - showing yourself to be a victim / vulnerable can puncture some people's sense of rage, if they are generally reasonable.

People like this are like several people on this thread: unable to read or understand the word no.

Your best bet at this point is a cease and desist from a solicitor. They won't listen to a letter from you. You can't do anything, they wont accept that so they need to be told off like children.

I understand why they're upset as would I be in their position, but they're unreasonable to be upset with YOU. There's nothing you can do.