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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Neighbour wants tree cut down

191 replies

HimalyanSilverBirch · 28/04/2023 18:22

Hello,

I'd appreciate some thoughts on a dispute with my neighbour.

I have a silver birch in my garden that is next to the boundary.

My neighbour wants us to cut this down because they don't like the mess caused by falling seeds/leaves and because of the risk the roots may cause their newly laid (and presumably very expensive) patio which is right next to the boundary.

For reference we are in a conservation area and the removal of the tree would require planning permission as the diameter is over 7.5cm at a height of 1.5m (though only just). The tree trunk is thus relatively slender and the height is roughly that of a two story house but the canopy is not large.

Unfortunately, the conversion got quite heated/ugly (and ended up with them throwing their sweepings over the fence).

I'll admit I don't want to lose the tree as it is really lovely, but having a look on google birches do have shallow roots that can cause problems to patios.

So where I am at is that I'm loathe to cut down the tree but equally I'm conscious about potential damage to the neighbours property that I might become liable for (the fact you have to sweep up leaves I don't believe to be relevant).

It's also probably worth mentioning that if the roots were a problem I'm unsure why this wasn't raised by the professionals who installed the patio.

As a final point they said they had to declare the tree on their house insurance so potentially the motivation here is the impact on the premium (the tree was in situ when they bought the property).

I don't want to fall out with neighbours (though that ship might have sailed) so what next?

I looked at the council website and they don't engage re: private tree disputes.

So I'm a bit unsure of what to do next and am I BU by not agreeing to cut down the tree.

Has anybody been in a similar situation?

OP posts:
Thread gallery
6
Wenfy · 28/04/2023 18:24

I wouldn’t do anything. They were rude and it’s your tree. They should have thought about the roots before they built their patio. Don’t waste any more brain space on these guys.

Hijinks75 · 28/04/2023 18:27

If the tree is in a conservation area it’s probably subject to a protection order , council probably wouldn’t side with cutting it down simply because it might affect their patio and as you say, a good landscaper would have told them and taken the necessary steps to mitigate against it

BrighteyesBonnie · 28/04/2023 18:28

If it damages their property, you may be liable. There are risks to you that you should seriously consider.

BMW6 · 28/04/2023 18:29

Whoever looked at their garden before agreeing to lay a patio should have raised this as a potential issue.

Not your problem.

Riverlee · 28/04/2023 18:29

You don’t have to do anything. Keep the tree if you want. Their patio is not your concerned. Also, if there is any damage, then their house insurance should cover this, not yours.

Nannyfannybanny · 28/04/2023 18:29

That's a tiny tree. It won't have very big roots.they can remove any overhanging branches from their side. You could tell them that the council said it can't be removed,in view of the conservation area. I have masses of weeds coming over from my neighbours!

Bibbitybobbitty · 28/04/2023 18:30

We had a tree surgeon reduce the overhanging branches on our silver birch a few yrs ago perhaps this would be a compromisd. Incidentally he said he wouldn't remove the tree entirely as it was healthy & not causing any issues with roots etc ( we didnt want thay anyway just part of the chat).

Original poster
HimalyanSilverBirch · 28/04/2023 18:30

BrighteyesBonnie · 28/04/2023 18:28

If it damages their property, you may be liable. There are risks to you that you should seriously consider.

Yes my understanding is that if the tree did cause damage they could choose to sue and the fact they have raised this (and did nothing potentially) would be in their favour.

OP posts:
ChildOfBabylon · 28/04/2023 18:31

They chose to buy their house. The tree was there before them. Even if the roots upset the patio it’s their problem and not yours imho. as the tree was there first. I can’t see how you would be liable for anything.

Original poster
HimalyanSilverBirch · 28/04/2023 18:33

Bibbitybobbitty · 28/04/2023 18:30

We had a tree surgeon reduce the overhanging branches on our silver birch a few yrs ago perhaps this would be a compromisd. Incidentally he said he wouldn't remove the tree entirely as it was healthy & not causing any issues with roots etc ( we didnt want thay anyway just part of the chat).

The canopy is pretty small these not much to remove.

OP posts:
MichelleScarn · 28/04/2023 18:33

HimalyanSilverBirch · 28/04/2023 18:30

Yes my understanding is that if the tree did cause damage they could choose to sue and the fact they have raised this (and did nothing potentially) would be in their favour.

Show quote history

Even if the tree predated the patio? Sounds unfair to me!

PizzaPastaWine · 28/04/2023 18:33

Not the best idea from the builders/neighbours. I can't see how there would be any legal recourse as the tree was there first.

I have a beautiful silver birch and no sign of roots until last summer. I'm not sure if the exceptionally hot weather did it but the roots are now quite prominent.

I would keep the tree.

Original poster
HimalyanSilverBirch · 28/04/2023 18:34

BMW6 · 28/04/2023 18:29

Whoever looked at their garden before agreeing to lay a patio should have raised this as a potential issue.

Not your problem.

I don't understand why this wasn't raised when the patio put in.

Problem is that doesn't mean I'm not liable if it did cause damage.

OP posts:
L1ttledrummergirl · 28/04/2023 18:35

The tree was there before the patio, should the tree cause damage to it, I'm pretty sure they would lose on the basis that they could have foreseen it so created the liability themselves.

They are arseholes, ignore them. Just watch out that they don't damage the roots.

Original poster
HimalyanSilverBirch · 28/04/2023 18:36

PizzaPastaWine · 28/04/2023 18:33

Not the best idea from the builders/neighbours. I can't see how there would be any legal recourse as the tree was there first.

I have a beautiful silver birch and no sign of roots until last summer. I'm not sure if the exceptionally hot weather did it but the roots are now quite prominent.

I would keep the tree.

The fact the tree was there first is irrelevant apparently when it comes to liability.

OP posts:
RudsyFarmer · 28/04/2023 18:37

On these threads people don’t like trees on boundaries but I’m going to agree with your feelings here.

The tree came before the patio. Silver birches are not known to be big trees and I don’t think it’s going to cause any problems whatsoever aside from obviously annoying your neighbours. I like to always fall out with neighbours as pretty much all of them end up being a massive PITA and wanting to constantly talk about fences or r trees or don’t want to talk but want to be anti social and play music day and night and do their drug dealing outside the house.

So my suggestion is to ignore them and enjoy your tree. In fact plant mother one just to really annoy them.

Original poster
HimalyanSilverBirch · 28/04/2023 18:38

Re liability despite whatever came first because the tree is in my land I am liable for any damage.

Also for disclosure the location of the patio wasn't really a choice.

The back garden is tiny so it couldn't be located anywhere else.

OP posts:
justgettingthroughtheday · 28/04/2023 18:39

I would be seeking some legal advise as to whether you would be liable if it damaged their patio. It seems rather unfair that you would be though.

RudsyFarmer · 28/04/2023 18:39

HimalyanSilverBirch · 28/04/2023 18:36

The fact the tree was there first is irrelevant apparently when it comes to liability.

Show quote history

I honestly wouldn’t worry about it.

Our neighbour is trying to force us to fell a tree and it’s dragging very slowly though our house insurance with the end result likely to be either nothing or them paying for it to come down with the proviso another smaller tree gets planted. It’s the least interesting thing that’s ever happened although I’m sure the neighbour is currently frothing wildly about it.

justgettingthroughtheday · 28/04/2023 18:40

I certainly wouldn't take the tree down if you would not be liable and you don't want to loose it.

Original poster
HimalyanSilverBirch · 28/04/2023 18:53

To be honest the tree's trunk is so slender I can see how the roots would be of sufficient helf to lift a patio.

OP posts:
henrilechat · 28/04/2023 18:55

How far away from the neighbour's house is the tree?
We have to have all trees within 5 metres surveyed every year so maybe they're trying to avoid having to pay for that. We have a large silver birch and that's the tree that seems to be the least problematic.

MandyMotherOfBrian · 28/04/2023 18:59

What to do next? Nothing. And next time they chuck tree debris over your fence (with out first asking if you want it back) send them a cease and desist letter citing fly tipping.

Original poster
HimalyanSilverBirch · 28/04/2023 19:00

henrilechat · 28/04/2023 18:55

How far away from the neighbour's house is the tree?
We have to have all trees within 5 metres surveyed every year so maybe they're trying to avoid having to pay for that. We have a large silver birch and that's the tree that seems to be the least problematic.

It's quite close - I'd estimate about 3m.

They did mention house insurance and having to declare the tree so I suspect that could be a factor.

I wasn't aware they might need it surveyed.

Having said that this is where the fact the tree was there before they moved in is relevant.

Any additional costs of a nearby tree should have been considered then.

OP posts:
Original poster
HimalyanSilverBirch · 28/04/2023 19:04

MandyMotherOfBrian · 28/04/2023 18:59

What to do next? Nothing. And next time they chuck tree debris over your fence (with out first asking if you want it back) send them a cease and desist letter citing fly tipping.

Yes I did google that this was an offence.

I caught them at it and shouted "thanks for the fertiliser" over the fence.

It's a bit silly really as the amount of sweepings is tiny so hardly a massively effective protest (and will just get collected when the grass is cut).

I'd rather not escalate into solicitors letters, though I think they might.

Last words were "that tree is coming down".

OP posts: