AIBU to expect my neighbour to cut back their overgrown tree?

[Nicolasaa9]

I know some of you may disagree, but I’m genuinely looking for advice.

I’m disabled, use a wheelchair, and have severe mobility issues after breaking my spine ten years ago. My neighbour has a tree that’s now around 25 feet tall in our very teeny tiny new build gardens. It’s basically taking up a 1/4 of their garden and It’s growing into my garden, has damaged my fence, blocked our drains twice with leaves, blocks my garden drainage by my doors and constantly covers my AstroTurf in debris.

I had artificial grass installed because I physically can’t maintain a garden, but the mess from this tree has made it impossible to keep tidy and it’s ruined my garden! I’ve politely asked my neighbours several times to trim it back and have sent notes, but nothing has been done. Even our HOA has asked them, but because the tree is on private property, they say they can’t enforce anything.

I just feel it’s inconsiderate at this point, it’s so tall I need hire someone with equipment to cut it back and I really can’t afford to pay a gardener right now. Yes I have people who can help cut it but it’s so tall you would need equipment. I would never expect my neighbours to put up with damage and ongoing mess from something on my property and it makes me so depressed because it’s basically ruining my garden, what would you do in this situation? The council said they can’t do anything as it’s not causing an issue to public paths or anything

The only claim she has is the fence damage. Keeping your drains clear from debris is your responsibility. If she follows your advice to poison the tree, she'll have a hefty fine that she can't afford if a gardener is out of the question.

She also says she has people who will cut the tree but won't mow a tiny lawn. Just sounds like she would rather complain about the neighbours than do something.

I doubt she’d be caught much less fined. It’s really easy to do in a discreet way. As in you don’t need to lop off any branches.

There is no evidence of any damage other than possibly a fence so you’re talking bollocks there and you can’t sue for loss of light and certainly one relatively small tree is not a nuisance. Poisoning the tree would be criminal damage however.

That would be criminal damage

It would be madness. The tree is three stories high. Someone could get killed if it comes down in a storm.