Are my neighbours being unreasonable?

[PawsAndReflection]

Hello!

We've recently bought a new house and our neighbours at the end of our garden are looking to redo the outside of their house.

They came by today to ask for permission as the work would require scaffolding in our garden, and were surprised to find seating and an olive tree in the area.

They've asked if we can move the olive tree and seating in order for them to have the work done, but I'm a little concerned about moving such a big tree. Does anyone have experience with this?

They were making out that it really wasn't a big deal but I've been researching it and it seems not quite as simple as they're making out.

You can't just move a tree!

Thank you all for the overwhelming 'GOD NO' response

Here's a pic for reference

It is your garden! They can sod off.

Preposterous request.

The only answer is “no, that won’t be possible”.

In a word no! Seating only, then possibly I'd be open to it, but to move my well established tree, that's too much.

It was bad enough this morning but I can't believe they expect you to disassemble that.

Having seen the image, it would be an absolute 100% no to moving any of it.

Is that white wall all their house?

Not that that would change my answer to anything except Hell No to having someone else's scaffolding on my property. I'm just curious.

Hmmm your picture changes everything. You have a structure up against their rendered wall which could potentially be breaching their damp course. You also have a evergreen tree up against their wall which again could be causing damp issues. You have a tree presumably planted in the ground right next to their wall (and if it wasn't planted in the ground, it will be now at that size) and who knows what damage that might have done to their foundations.
If I was them I would be bloody furious.

I wondered the same, actually. Would you have to allow them access to maintain that wall, op?

This - and, by the way, you are entitled to charge them rent for each day/week the scaffolding is on your land.

I’d say no. Their builders will want access to your garden on an as an when basis, their debris will fall on your land. As others have said, a good scaffolder will find a work around.

From the look of the building, op may be obliged to allow the neighbours access for maintenance.

About to have this issue with stroppy new neighbours doing a whopping big extension right up to our boundary. They are only entitled to reasonable access for maintenance (roof/soffits/drains etc) not for extension building.

They can only access your land with prior permission, which we don’t plan to give (as I am feeling equally stroppy back!) when we had roof work a few years ago (which did come under the access rules in law) our old neighbours refused access. We couldn’t face taking them to court to assert our rights, so the scaffolders built a ‘crows nest’ construction that spanned the whole side of the building. They can be very ingenious!

The tree stays, theyll need to find an alternative oprion or change their plans.CFs.

What financial incentive are they offering you? I'd move the seating and accept the loss of the tree for the right price. Everything is negotiable

No sorry. I'm not moving anything.
I tbf wouldn't even ask a neighbour to do that.

Is that white wall their wall?

Where is the boundary line?

This. Your answer is obviously NO. End of discussion.

Party Wall
They need to employ firm to deal with you within a legal framework. They must already know this

I would share your concern about roots with the tree being so close to the wall of the neighbour’s property, but I think Olive trees are non invasive and relatively harmless.
If the neighbour’s current damp proofing relies on OP not using part of her property for it to be effective then the neighbour needs to find another method.

Yes the white wall is their house (they're on the top floor not ground) and we have no obligation to agree to it.

According to them I should say! It really doesn't sound like they've spoken to anyone about the legal considerations

No no no. Don't allow them.op!

Is the tree in a pot or in the ground?

If the tree is in the ground, it's very close to their wall/foundations - might be worth checking if that might cause a problem as the tree grows. As that may change your opinion now about moving it before it gets too big (not saying it is a problem but worth checking).

It's definitely in a very unwise position.