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.

And if the neighbours get the roots tested when it suddenly drops dead for no reason, the OP could be sued by the neighbour. You cannot damage a tree that is not growing on your property deliberately, ie by cutting off an essential root system, otherwise you’re liable to pay damages. Stupid suggestion.

Poisoning a tree is a horrible thing to do. Trees are living things and they help to create the oxygen on which we live. You can legally cut off any branches which overhang your fence but you must offer them to your neighbour.

I have leaves in my garden due to my own trees and bushes and those of a neighbouring business park. My gardener clears them away once a month. In between they just lie there. Leaves fall.

Have you checked the covenant that covers your estate? Ours states explicitly that you cannot plant trees in gardens ( there are plenty on the estate) exactly for this reason- the gardens are too small. Do you have a management company if it’s a private estate? Might be worth checking in with them if so as they may be able to have a word.

Picking on a disabled person for using fake grass to make their garden manageable is a lie blue. Proud of yourself?

The OP adapted her garden due to her disability. Maybe she can't afford to pay a gardener to remove leaves from an inconsiderately planted enormous tree??

& maybe she can't operate a robotic mower. It's a tiny patch of Astro turf. I hate the stuff as much as any environmentally aware person, but a disabled person with a small patch isn't the problem.

Not simply because she doesn't like it. She is disabled & has modified her garden to be manageable. She probably can't afford a tree surgeon to sort out a neighbours tree that has been planted in a far too small garden & in the wrong place causing damage to her fence & drainage as well as making her garden a mess.

Yes wheelchairs just love gravel.

being disabled people have to make all kinds if unwanted compromises. It might nit be Jew gardens, but it's an adapted outside sauce.

Take your Astro turf issue up with less worthy uses of it.

Yabu. Pp are right. Leaves drop off deciduous trees and it is your job to keep your gutters and drains clear. Having plastic grass is an issue. If you had ordinary grass the leaves would break down into the soil.

How has it damaged your fence? This is the only bit that it is reasonable to expect some action on. You could arrange to have the tree cut back on your side if it is annoying you that much.

I have a slightly different problem, neighbours giant tree has pushed concrete fence post over into our garden and knocked two panels down but it is their fence not ours. Should they legally pay to dig out the old fence post and put new panels in? They don’t want to know and it’s sticking out onto our patio. It also now reaches the whole width of our garden (3meters), is blocking light into the house (terraced) Patio and furniture gets covered in bird poo, patio isn’t level now because of roots. We could trim branches on our side but it’s taller than the house and I think that can make it unstable. I love trees but some are too big for small spaces!

She is disabled & she can't afford a gardener. She made her garden easier to maintain. Why can't tgd neighbour just bd a decent human being & take care of his tree so it's not impacting her?

25ft trees do not belong jn postage size new build gardens.

Leaves blocking a drain is not something that the op can sue over. This is because the 1st question she will be asked is what she did to prevent the blockage and her answer would be nothing. Whereas there's plenty of things she could do such as cut any overhanging branches off or raking up the leaves from her garden before they get washed into her drains.
Damage to the fence if its a fence that the op is responsible for and the tree can be proven to have caused the damage then yes she can sue in small claims crt for the fence.
Damage yo the house would require, evidence of damage and a structural engineers report that was 100% certain that any structural damage was caused by the tree and that there's no other causes or contributing causes.
Even if you can prove the tree has caused and will continue to cause damage to your property it still wouldn't be an excuse or mitigating circumstances when it comes to criminal damage, worse it will be treated as a crime in criminal crt and civil judges don't like it when you break the law to remedy a crt matter, it usually ends up with you receiving a greatly reduced settlement or loosing your case.
The law is not your friend when you use illegal tactics and then come to crt.

So true, strange state of affairs when people choose to have gardens with artificial grass then moan when real leaves droo or blow onto it. Nature is nature. Embrace the beauty and messiness. Life isn't all about order and sanitation.

In your case it would depend on the age and type of tree, how long it has been there, whether it provides a "protected habitat for wildlife" or if it has a TPO
You should contact both your insurance provider and local council because your council may be able to order the felling of the tree if you can prove that its causing a statutory nuisance or damage to your house but even if you can prove both its still not a guarantee that they will order its felling.
Also if cutting the tree back to the fence line would cause harm to the tree (due to cutting half the canopy off for example) then you cant legally do so and really should have kept cutting it back each year before it got to the point that its canopy covers the entire width of your garden.
I'm not saying this to be a dick but because I've seen loads of this over the last few years due to trees planted 100+ years ago when a local village was expanded and they planted trees in the pavement but the council haven't maintained them for over a decade and they've caused all sorts of damage to the pavement, roads and houses in the village and nobody can get them felled or polaxed as they provide a "protected habitat for wildlife"
Good luck with your tree problems

This comment is so wrong.:(

Check local restrictions.
Save up and use a tree surgeon. You can’t bill them.
If the fence is very damaged claim on insurance against them.

AI slop

51% certain, and only contributory factor not the sole or dominant cause.

I am with the OP on this one. I think it's outrageous that you, not your neighbour, is responsible for their tree growing into your property. My neighbour has a 25ft high leylandii hedge which is overgrowing into my garden and will require a tree surgeon to cut it back. But I'm the one who has to pay for it, but it's not my tree?

I'm going to ask my neighbour if they will pay towards it or at least pay half, but legally they can tell me to shove it.

Seems mad.

can you claim the broken fence on their insurance
do you have tree insurance?