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

[FormidableMizzP]

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 🙏

It’s how it works everywhere in England!

Sympathies, OP. If someone cut my acer, I’d contemplate hiring a hit man.

Acers should not be trimmed a lot at this time of year. After the winters chill has gone, and the days start to warm up a bit trim then.

If it was growing over the boundary significantly then the shape would have to be altered anyway to keep it out of the neighbour's garden. Just because it's a mature tree doesn't mean that it has to be asked to grow over someone else's garden.

I'm in a similar situation with my neighbour's trees growing over half my garden and I'm going to cut them right back too, it's antisocial to let your trees take over someone else's garden.

I know!! That’s all I can think about 🥴

I’m confused about this thread. I always thought it was perfectly reasonable to trim back something that overhangs into your garden. So she went in by a foot. That doesn’t seem like much.
I have trimmed a tree that overhangs into my garden and I had absolutely no idea this would cause any upset. It dumps a tonne of leaves onto my patio every single day and there are not enough hours in the day to try and keep on top of that.
You say the tree is now an unbalanced shape, but you can’t really expect the neighbour to pay hundreds for a tree surgeon to trim someone else’s tree?
I’m genuinely puzzled by this, and also very worried that I’ve upset someone else by clipping the overhang in my garden!

They generally only grant TPOs where the tree is deemed to have amenity value because it is viewable to the public (from the highway or a park etc).

They are not supposed to grant them just because a private householder requests it.

Not true here. I have got trees in my back garden with protection orders on and so have the surrounding gardens. People can also request to have protection orders placed on trees, sometimes they don't even have to own the tree. Its up to the council to agree or refuse the TPO.

Obviously Cornwall Council has better things to do with it''s time 😂

Either way, imagine having a valuable tree naturally grow to easily trespass over a boundary every year, and have to apply to the council for permission every time you want to prune it yourself?!

Or you are, in fact, wrong?

I work for the fucking dept love.

Is it beyond your ken that different areas may possibly have different guidance?

OP, if it's any consolation, when we bought our house (3 years ago) the garden had been "tidied" with hedge trimmers - including an acer and a magnolia. Both have recovered and are a decent shape. Neaten up the cut ends. Not the point, I know.

Speak to neighbour - point out you love the tree and it's valuable, so if it starts 9verhanging again let you know & you will sort it.

Sort out the hedge issue. She probably can't cut it herself at 80 years old. Suggest you split costs 50/50 of getting someone in to do it a couple times a year, or see if she'd prefer to remove it and replace with fence, or do your own sides only.

You realize you've used all the names of the neighbor and her entire family. This is pretty identifying information!

@PansyPottering

Its not just a case of someone wanting their tree to have a TPO though

There are reasons behind the decision
eg
conservation area
special native trees
if they are considered an amenity
if they provide important habitats
historical value
contribution to the natural landscape

etc
Just wanting one isn’t enough.

I work for the fucking dept love.

What a lovely sunny attitude.

If you get a TPO, can you still maintain the tree i.e trimming, shaping etc?

Quite right
I also work in this area in planning terms

I've recently moved into a house with beautiful mature trees - 3 acers, one monkey puzzle, one huge silver birch and some tree with bark like brown paper that glows in the evening sun. Luckily, I have no neighbours!

I'd be thrilled if my neighbours acer over hung my garden. My daft neighbour who thinks he's a gardener put one in right next to a fir, a horse chestnut up against an ugly concrete shed. The poor thing struggling for light and space.

My sons acer has grown tremendously in the eight years they've lived there. It's a deep purple. I'm very envious.

Acer griseum - Paperbark Maple - LARGE SPECIMEN

Another Acer apparently - sorry for derailing!

Wish you’d bought our house.
The new owners chopped down 12 trees including silver birches, willows, cherry trees and maples. All more than 70 years old.

Every single tree and all the hedging gone and replaced with fences and plastic grass.

Some key points:

• it is only legal to cut back any branches to the boundary line;
• but even if neighbours do that they are responsible for any damage as a result if as described is negligent
• going beyond the boundary line could be trespass /criminal damage:
• a mature large 30 year old Acer tree is worth anywhere from a couple of thousand to £16000 plus the cost of delivering and planting a replacement. Not to mention the emotional loss.

It's really obvious an Acer is not a bog standard robust bush, for those confused non gardeners. They grow very slowly and look delicate.

I would see what the tree surgeon says and go from there, making sure you have as much evidence as possible. Possibly no win no fee. I would definitely send a firmly worded letter.

Long story short, my parents had to get the police involved when the neighbour hacked a tree, I think as it was part of a covenant. The police were pretty understanding and offered to take it further.

F-in hell!

I cut down my 30 yr old acer last year. It was blocking the afternoon sun so we basically pollarded down to just the trunk ( 5ft) we were brutal with it leaving just a couple of branches.
There was some vigorous new growth during last year but I wasn’t convinced it would recover.

It has gone wild this year, with a thick growth from the trunk. The aim is to keep it below 8 ft with more of a giant bonsai shape. I think it’s going to be a battle every year though.

Some trees love being chopped right back and it appears acres are one of them. I think that the huge, well established root ball helps.
Your neighbour may have unleashed a rapid growth spurt. Certainly in the past when we’ve drastically pruned ours it has grown back very rapidly.

Just to add it was June when we cut ours right back. I really didn’t think it would survive. But it’s thriving.