Neighbour/tree dispute who is BU?

[HisHX]

Hi,

We moved into our property 10 years ago and a huge selling point for us was that we’re surround by trees which afford us total privacy in the garden (and look beautiful!). We’re in a conservation area so automatic TPO.
We have 3 neighbours on one side, as their gardens join ours vertically IYSWIM. The gardens in that street are much shorter and shadier than the ones in ours. We’ve always got on well with all 4 neighbours.
A few months ago a new neighbour moved in, and within days came over to ask us if we would cut the trees down so that their garden would get more sun. We immediately said no, but that the tree surgeon was due that week anyway so they’d be tidied up. They were clearly unhappy and said things like “can’t you just cut them down completely? Your garden is much bigger than ours so it seems selfish you won’t let us enjoy ours”. This annoyed me, as nothing had changed since they bought the house, but we remained polite.
Today, they’ve been round again to say that the roots of our trees have cracked a (decorative, not structural, single brick, looks to have been built about 40 years ago) wall in their garden, so we really must take them down.
My view is that the trees have been here much longer, the crack could be caused by anything - ground movements, general maintenance etc. and the wall shouldn’t have been built so close to huge well established trees in the first place, or at least not expected to last forever.

AIBU? Should we apply to the council for permission to chop down the trees that we love, giving the neighbours line of sight into our garden?
Could they force us to based on the wall?

I really don’t want to fall out with neighbours, but equally don’t want to feel forced into something I don’t want.

YANBU, but is there an option to thin out the trees? So they do get some sun?
I wouldn’t blame you though if you didn’t feel like doing anything to help them out as they are being asshats.

No you’re not being unreasonable, they are.

Have you mentioned that the trees are subject to TPOs and it would take big problems to make the council give you permission to cut them down.

Do not do anything! If they manage to convince the council to do something away with them, but you love your trees AND they were there when they bought the house! Dont engage with with them, if they come round id be inclined to ignore the doorbell, if you do answer a simple 'no, we bought the house specifically for the trees, night now' and close the door again.

YANBU. They chose to move somewhere with a smaller shadier garden than you. Only idiots want to remove trees.

Why did they buy the house if they weren't happy with the shade??

They knew the trees were there when they bought the house. Caveat emptor and all that. Just No.

I may be wrong but i didn't think ALL trees in a conservation area were automatically ones that TPOs apply to. I thought it was just significant trees?

I mean you still have to get PP to cut down but they won't be covered by TPO legislation.

When they were buying the house, their solicitor very likely told them that those trees have TPOs on.

They knew the garden was shady. They bought it anyway.

They’re trying to bully you into improving their garden at the expense of yours. I’d tell them that the trees are protected by a legal order, also that you like the trees, that they knew the trees were there when they chose to move in, and that there is zero chance of you taking the trees down.

Nope they brought the house knowing the trees were there. My neighbour came into my Garden and cut one of my trees right down. I'm now putting my fence back up and a tree back up. They'll be loosing more light now.
We need trees.

Personally I would seek legal advice and have them a letter sent out. Tennant here but' our 'house has a tpo on a tree and ndn had it butchered anyway. Council planning officer was a complete wet lettuce and said he had told her she could trim her side. Not what she relayed to tree butcher...
And his parting words (planning officer) were that it will grow back!!
Make sure your ndn is in no doubt they can't have it cut..

Also damage to a decorative wall is not a reason to cut down a tree under TPO rules. Root damage to the actual house must be proven by a structural engineer’s report and a qualified arborolgist (not a tree surgeon) as felling a tree can cause “heave” ie more damage after the roots decay/shrink.

I had exactly the same with my old neighbours. Moved into my property with tall conifers, affording me privacy. The day after I moved in, people at the back of me asked me to cut them down. I refused. One day, I came home to find they had sawn through them to create a massive hole. We could see into each other's gardens. I was absolutely furious and if I had been able to afford it, I would have sued them and won. Stand your ground but be prepared for sabotage x

It’s usually all of them. Sometimes you get a TPO on individual trees, but usually it’s just an area.
(I know as the council were really difficult about us cutting down - and replacing a really manky old fir.)

speak to the tree department at your local council - it’s very unlikely they’d let you anyway.

I believe in a conservation area all trees are protected rather than individual TPOs.

Well they're being unreasonable yes. More trees and bigger trees always.

Small thing though, my understanding is that whilst you have to apply for PP to lop/fell or prune trees in a CA they don't necessarily have a TPO. TPO 's are granted to protect specific trees. We used to live in a listed building, conservation area Although we had to apply to prune etc, the only TPO on our site applied to an ancient yew.
I only point this out as I think If you want to protect your lovely trees into the future you can apply for them to be covered by a TPO - although there are buyers of course who might be put off by this if you sold up.

YANBU. If they didn't want their garden shaded by your tree they shouldn't have bought the house

Yanbu. Tell them there are tpos on the trees and that means restrictions on pruning and felling, even if you were so inclined.

Ok you need to consider if the trees have indeed caused damage. You really need to notify your insurance company. The damage to the wall will most likely not be covered by their insurance.
Also speak to the council and ensure there are tpos our council have ignored one garden out of 3 in a row

I'd be wary that they do something eg when you are on hols.
I would try a compromise maybe remove one - the leaves won't be on them in winter so they should be ok then.

Oh my god I would have exploded! Glad you are putting it back.

OP I would make sure you get lots of dated photos of the trees just in case they do something and then say that's how it's always been. Maybe a letter to them stating the TPO and that they would need to speak to a tree specialist not just a tree surgeon as said above about the roots. Also speak to your local council about this and see what advice they can give you.

CCTV up this week end op.

Being in a conservation area doesn’t mean an automatic TPO but it does mean you’ll need to give 6 weeks notice of any intention to carry out any works (and it’s an offence not to do so). This 6 weeks notice will trigger the council’s tree officer to assess the tree and decide whether it’s amenity value etc is such that it’s worth putting a TPO on it. What species of tree is it?

Did the cheeky fuckers even offer to pay for the tree chopping, or are they expecting you to do them a massive favour and pay a few hundred for the privilege?