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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Neighbour has massacred my 30+yr old Acer with no warning

95 replies

FormidableMizzP · 19/05/2025 21:16

My neighbour has hacked back my 4m high Acer beyond her boundary and at least 1ft into my garden. The branches are bluntly cut, not slanted, ragged, and the bark has been torn on all the cut branches. This tree is badly damaged, to replace it would cost around £5,000.

AIBU to seek legal advice and action?

For context: I'd always got on with my older neighbours (their grandson was a bit younger than my kids so they doted on mine too) until the husband Kent got Alzheimers then died 7yrs ago. We've shared a boundary for 20yrs, which is Kent and Jenny's responsibility, but Jenny now seems to believe her boundary is about 1ft into my garden yet expects me to keep her shrubs tidy.

Since then their adult daughter Maddie (my age) who I'd never even seen in 13+yrs started coming around more. But her and her husband Geoff were instantly hostile - I truly have absolutely no idea why as I'd always been very helpful and friendly with both Kent and Jenny.

There's a hedge in their garden at the front of their house. It's at the edge of my drive but entirely in their garden. Maddie and Geoff, after Kent died, decided that it was my responsibility to cut their hedge, which Kent had always maintained and insisted was his responsibility (for 13+yrs for me and at least 5yrs for the previous neighbour). Geoff was especially hostile and took my wheelie bin to dispose of the trimmings - usually I wouldn't mind and Kent did use it but he did always ask - Geoff did not he was extremely aggressive. He said because their bin was full, as their empty bin rumbled around the corner into view 😂

We share a fence at the back which I helped Jenny and Kent pay for 50/50 and she asked me to arrange, which I did, as I had a guy installing other fencing for me and her's was falling into my garden.

She has planted about 30 shrubs up against the fence, about 60ft long, which constantly grow over into my garden and her attitude has always been that I can cut back anything that grows over 😤. I only have 1 beautiful Acer which came with the garden and from aerial photos I have it's been in the garden at least 30yrs. It has been planted closer to the fence than it should but I've always trimmed it back every couple of years including anything that grows into Jenny's garden.

Yesterday I trimmed some lower branches of the Acer but my shoulder was hurting so I decided to finish off today after an appointment. I did see Geoff in her garden mowing earlier, but I came home to a totally butchered tree. The cuts are blunt, ragged and the bark is ripped on most of the branches and it's been cut at least 1 foot into my garden, not to her boundary line. The height has also been reduced by the genius Geoff by at least 2 feet on stems that are wholly in my garden.

There's other petty stuff that's happened as Jenny seems incapable of just speaking to me about things anymore, she sneaks across my drive under my kitchen window appearing at the door to rant and rave. Have had to close the door on her a few times in the past 3yrs, so we don't speak anymore as I prefer to put things in writing to reduce misunderstandings and avoid the ranting, but this seems to offend her. I feel I can explain it to her but cannot understand it for her. It's all become so exasperating.

This is the last straw. I am getting professional advice tomorrow from a tree surgeon I've hired before, but want to take legal action against her because I've had enough. Otherwise what will it be next?

I realise this is a first world problem but I can't afford any holidays for the forseeable, so my garden is my pride, joy and solace. Any advice would be much appreciated 🙏

OP posts:
Ofcoursehesthefkingfarmer · 19/05/2025 21:21

Legally anything over growing the boundary can be cut back and the trimmings returned to the owner.

If it were me I would have consulted you first and given you the opportunity to do it yourself however if your tree is overhanging onto her property she can absolutely cut it back, no matter how beautiful.

The other stuff is irrelevant to your Acer?

Lmnop22 · 19/05/2025 21:38

I would 100% advise against starting expensive legal proceedings under any circumstances.

It’s rude and frustrating that they did it without asking and in a haphazard way but if the tree is still alive and growing what’s your loss? What do you expect to gain from suing them except a load of aggro and expense? Can you afford to lose the law suit if the determination is that they are within their rights to cut back an overhanging tree (you admit it was overhanging)

Moreover you’d never be able to sell your house in the future if you declare (which you must) a legal battle with the neighbours.

I would ask them to let you know when they want it doing in future so you can do it in your own way and leave it at that.

WiddlinDiddlin · 19/05/2025 21:38

Ofcoursehesthefkingfarmer · 19/05/2025 21:21

Legally anything over growing the boundary can be cut back and the trimmings returned to the owner.

If it were me I would have consulted you first and given you the opportunity to do it yourself however if your tree is overhanging onto her property she can absolutely cut it back, no matter how beautiful.

The other stuff is irrelevant to your Acer?

Irrelevant - cut back only means the parts that cross the boundary to the neighbours side, no further, and certainly not reducing height and trimmings must be offered back, but must not be dumped over the fence.

Yep @FormidableMizzP I'd take this further if possible, they sound like utter twunts.

Vaxtable · 19/05/2025 21:40

@Ofcoursehesthefkingfarmer

did you actually read all the post?
and at least 1ft into my garden

Thats not allowed, nor is The height has also been reduced by the genius Geoff by at least 2 feet on stems that are wholly in my garden

op I would see what the tree surgeon says, then perhaps report on 101 as criminal damage and put a price on it

myplace · 19/05/2025 21:43

Go for a stern solicitors’ letter claiming the value of the tree, which you will waive if they never set foot in your garden or touch your shrubs again.

itsbeenalongnight · 19/05/2025 21:45

Please tell me those aren’t their real names you’re using?

Blushingm · 19/05/2025 21:49

Ofcoursehesthefkingfarmer · 19/05/2025 21:21

Legally anything over growing the boundary can be cut back and the trimmings returned to the owner.

If it were me I would have consulted you first and given you the opportunity to do it yourself however if your tree is overhanging onto her property she can absolutely cut it back, no matter how beautiful.

The other stuff is irrelevant to your Acer?

Offered to the owner - if the neighbours trim them then the neighbours are responsible for disposing of them

ButterCrackers · 19/05/2025 21:49

This is not right. Tell them that they will have to pay for an expert to repair the damage and if it’s not possible then you’ll ask them for damages. Do trim her shrubs back and throw over the branches. Check you do this when they have guests or have have mowed their lawn.

Mandylovescandy · 19/05/2025 21:52

Sounds awful, we used to have an Acer and would have been so upset if it had been destroyed like that.

Do you think Jenny is ok? I just wonder if she is declining mentally (I am assuming she is quite old and thinking maybe start of dementia?) and has told Maggie and Geoff inaccurate stuff and therefore they don't like you

Not sure what the best thing to do is. Do you have legal advice line with insurance or anything?

allthemiddlechildrenoftheworld · 19/05/2025 21:53

@FormidableMizzP does it look like the daughter and her husband are planning to sell the house and move mother into a home?? especially if they have never been seen at the house in 13 years. sorry for the damage to your acer! we have a couple of 30 year old red ones and we would be devastated if anything happened to them!!

Original poster
FormidableMizzP · 19/05/2025 21:53

Of course she can cut branches back. BUT

I'd started to do it yesterday, which she would have been fully aware of so this feels deliberately vundictive. You are NOT allowed to go beyond your boundary AND are required to do so responsibly - not butcher it. If it dies you can claim a replacement and give how butchered it is this is likely.

OP posts:
CanOfMangoTango · 19/05/2025 21:59

I would go mad tbh OP.

I hope the advice from your professional is reassuring.

Would they come and talk to the neighbours with you? They are unlikely to be aggressive with someone else there. And hearing from a tree surgeon might bring it home.

NoBiscuitsLeftInMyTin · 19/05/2025 22:00

FormidableMizzP · 19/05/2025 21:53

Of course she can cut branches back. BUT

I'd started to do it yesterday, which she would have been fully aware of so this feels deliberately vundictive. You are NOT allowed to go beyond your boundary AND are required to do so responsibly - not butcher it. If it dies you can claim a replacement and give how butchered it is this is likely.

Or arguably they'd seen you start and finish and assume you'd finished - they wouldn't have known that you we going to come back and finish the job off.

Original poster
FormidableMizzP · 19/05/2025 22:01

I would absolutely be able to sell my house and the new neighbours would understand how serious I am about being neighbourly and decent. Am close to retirement age and not planning on going anywhere anytime soon.

The loss? The tree is now badly damaged and is unlikely to recover. They cut more than 1ft of the tree over their boundary and reduced the height, at least 5years growth, on stems that are wholly in my garden. This can't go on.

OP posts:
bombastix · 19/05/2025 22:04

In this instance because of the value of the tree (at least five figures) and the nature of the damage you describe it is actually worth it to pursue this. I wouldn’t usually say it is, but it sounds a lot further than the usual inconsiderate cut.

ChoppyChoppy · 19/05/2025 22:05

FormidableMizzP · 19/05/2025 21:53

Of course she can cut branches back. BUT

I'd started to do it yesterday, which she would have been fully aware of so this feels deliberately vundictive. You are NOT allowed to go beyond your boundary AND are required to do so responsibly - not butcher it. If it dies you can claim a replacement and give how butchered it is this is likely.

often if you cut a branch of a tree the part of the branch left on the tree springs back as it’s no longer weighted down by the rest of the branch. So even though it was correctly cut at the boundary it might look like they have leaned over the boundary into your space.

Original poster
FormidableMizzP · 19/05/2025 22:06

Good point. That might make more sense as her personality has totally changed. It doesn't look like she'll mive out she's been keeping up with gardening and had a new shed put in.

I'm 60 she's 80. Neither of us need this nonsense.

OP posts:
dotdotdotdash · 19/05/2025 22:06

I’d agree that a solicitor’s letter pointing out how they have overstepped the boundary with tree surgeon’s report of damage. I agree it’s despicable to vandalise your tree and they should be warned off.

PeapodMcgee · 19/05/2025 22:08

It won't die. Keep it pruned in future so it's not trespassing in her space and be thankful your probs with her are not worse. Do not be so ridiculous as to start legal action. The only winners are the legals.

godmum56 · 19/05/2025 22:09

FormidableMizzP · 19/05/2025 22:01

I would absolutely be able to sell my house and the new neighbours would understand how serious I am about being neighbourly and decent. Am close to retirement age and not planning on going anywhere anytime soon.

The loss? The tree is now badly damaged and is unlikely to recover. They cut more than 1ft of the tree over their boundary and reduced the height, at least 5years growth, on stems that are wholly in my garden. This can't go on.

the people you sell to would not be concerned about your behaviour but about the neighbours' behaviour....I certainly wouldn't buy your house if I knew about your neighbours' behaviour....sorry.

bombastix · 19/05/2025 22:10

what people are missing is that a 30 year old Acer can be worth tens of thousands of pounds. There is a reason for that and this is not like getting over enthusiastic with the privet.

Original poster
FormidableMizzP · 19/05/2025 22:10

Am well aware of that.
That is exactly the reason why you're supposed to make at least 2 cuts. The height has been reduced on stems that are bolt upright and definitely well over the boundary.

When I've cut their shrubs, I've always laid my loppers against the fence to make sure I keep within my boundary, for 20yrs.

OP posts:
Scentedjasmin · 19/05/2025 22:16

It's a tree. Albeit a nice tree. And yes, they should have asked permission, but we're talking about 1ft of tree. Where did you decide that the tree won't survive, needs replacing and would cost £5000 to do so?
Also, i can understand why Jenny, who has always been nice to your children when they were younger and has otherwise been a good neighbour in the past, would take offence at you only communicating with her in writing. Honestly OP, you come across as rather combative here. What's the point in pursuing something that will cause further stress and animosity.

bombastix · 19/05/2025 22:20

You are missing the cost. The replacement cost is enormous. It will not, if the OP is correct, grow back in the same shape or form.

I grow these things myself. They are if 30 plus years very valuable.

Rosscameasdoody · 19/05/2025 22:21

ButterCrackers · 19/05/2025 21:49

This is not right. Tell them that they will have to pay for an expert to repair the damage and if it’s not possible then you’ll ask them for damages. Do trim her shrubs back and throw over the branches. Check you do this when they have guests or have have mowed their lawn.

You can’t throw them back over the fence, you can offer them back and it’s their responsibility to dispose of them.