Neighbour wants tree cut down

[HimalyanSilverBirch]

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?

If it's got a TPO then it's tough.

They should have thought about the tree when they bought

No idea about the legal side of it, but they are entitled CFs and I hope you can keep your lovely tree.

You do realise in most cases the trees came before the house. The trees were established before the neighbours extension in our case.

I have an enormous tree in my small garden. It has no impact on my insurance.

They should have thought about the roots before they built their patio.
I disagree (and I am a tree lover). If your tree roots make their way substantially next door they are unsuitable for your garden.

Who told you that?

Your insurance would cover, surely?

How can it be? If you’re stupid enough to put a patio over tree roots, you have to deal with any adverse consequences.

how close to your house is it and have you told your insurance company? I can understand why they are annoyed and suspect if they posted on MN the responses would be different. Could you get it moved further within your boundary?

Whole told you that you would be liable OP, as I’m not sure that’s true.

i would ignore them frankly, they are aresholes.

I agree, I’d have had that removed before I was even asked. It’s only going to get bigger.those roots are shallow, they can go,for over 10 metres when mature . It’s going to cause subsidence. It’s not about the neighbour, some idiot who didn’t know anything about trees planted that, it can grow to over 50 foot tall and twenty foot wide.

it also isn’t a heritage tree, Himalayans only live for about 40 years. So they reach maturity fast then they are coming down. They grow about 18 inches a year. On top of this they are incredibly thirsty. And the weather is getting hotter. It’s hugely unlikely either them or their neighbours house won’t be damaged by it in a few years.

This. Though worth checking with a solicitor.

It's over 8m from our house. No requirement to inform our insurance.

We’ve taken down two trees which were causing a nuisance to neighbours. We’ve replaced them with trees more suitable for urban gardens and put them more centrally in our garden rather than on the boundaries.

It would have been very easy for whoever put the patio in to install a root barrier at the time.

might be worth you getting a professional to look at the tree and advise on whether one can be installed now.

But by the very fact the roots of OP’s trees are trespassing to that extent, is a problem.

I agree, I’d have had that removed before I was even asked. It’s only going to get bigger.those roots are shallow, they can go,for over 10 metres when mature . It’s going to cause subsidence. It’s not about the neighbour, some idiot who didn’t know anything about trees planted that, it can grow to over 50 foot tall and twenty foot wide.

It won't grow that big.

I googled the variety (snow queen) and it said:

Betula utilis jacquemontii 'Snow Queen' is favoured for its slender form suited to smaller gardens and the white bark developing earlier than other Himalayan Birch. It will grow to a height and spread of 7 x 3.5 metres in 20 years and is is a tough tree which will grow in virtually all soils and conditions.

Could you apply for a TPO for it?

My mum’s neighbour said the same about a tree on their boundary and she ignored him. The neighbour is long since passed as is my dear mum and the tree is flourishing.

I'm not sure what the benefit would be of that given technically it can't be felled without planning permission already given it's in a conservation area.

Conservation Area does not=TPO but other restrictions do apply. Trees grow. What starts off as a garden feature in one garden soon grows into an unwanted presence in a nearby garden, particularly in urban areas.

Just cut it back for now, or a little top off as the growing season has started - so your affected neighbour sees you're being proactive - and then save any possible future root problems for a later day.

Job done.

No way. They knew the tree was there before they laid their patio. If there had been a problem, the patio layers would surely have mentioned it?

They sound rude and awful.

@HimalyanSilverBirch The picture I posted was Himalayan SB!!! They grow to 50ft. They are not suitable for small gardens. They can be single or multi stemmed. See attached!

Really?? Under which law?

You are deluding yourself if Roy think this won’t block their light or be a nuisance.

Fair point.
I'm so sick of people chopping trees down because they 'make a mess' or 'create too much shade'. They are so fucking important. Please fight for that tree!