AIBU to resent being asked to pay for neighbours cutting back our tree?

[Eatyourgreensplease]

We have lived in our house for 20+ years in most of that time the house next door to us has been rented out with various families having lived in the house in that time. Recently the landlord evicted a family and is making extensive improvements to the house because of the damage caused.
We have a tree on our boundary (think ornamental blossom type) which we keep shaped and tidy on our side. We have done the same on the neighbours side in the past but recently the tenants in the property have not been in agreement to us doing this. As a result the tree has grown into the neighbours garden quite significantly and no attempt has been made to keep it trimmed. Today the landlord has asked us to pay to have the tree cut back to the boundary line and for the debris to be removed. Apparently the letting agent has advised them that if we don’t agree to do this, then the branches should just be thrown over into our garden!

We agreed will cut back the tree and deal with the debris, but am I unreasonable to think the landlord and previous tenants are CFs who should have not allowed it to get to this state? And while I recognise that it is by law their right to cut back the tree that has grown onto their property, it’s also unreasonable to expect us to pay to deal with that? Surely that’s just something we all take care of in our own gardens?

There’s no obligation on you to pay. They are entitled to cut back to their fence but they need to pay. And they are supposed to offer the cuttings to you, not dump them over the fence. If you don’t want the cuttings they are supposed to dispose of them.

Send them the RHS page here, for example.

Remind the LL that if he decides to sell the house at some future date he might be in a position where he has to declare a neighbour dispute unless he acts according to the law. That should get his attention.

It's your tree. I wouldn't be happy to pay for your tree as a neighbour.

It’s your tree. Yes they have the right to cut it back, but as the tree is obviously out of shape as you have only done your part you just need to suck up the cost for the health of the tree

why didn’t you contact the landlord when the tenants wouldnt let you cut it back?

Our neighbours trees feel into our garden during a storm. Think big enough debris to need a chain saw to sort out. My neighbourgh told me it was our problem. I was very angry! After much research including the council tree section (yes they all have one) and speaking to the tree society ... I was told not only was our my problem but to add insult to injury I could not dispose of the debris I had to give the debris back to neighbour as they technically owned it. So I threw it over their fence (which I was prob not allowed to do but hey ho).

Its frustrating but its your tree so you will have to deal with it
I have similar local issues with trees in rented properties becoming enormous and the landlord and owners ignoring my concerns that they are unsafe
Inevitably they come down in a storm and cause damage to fences, garages and footpaths which I end up dealing with as a responsible homeowner
Try and see the silver lining that you are now able to deal with it
You could also remove the tree to prevent future issues and disputes

How are you blaming the landlord? He couldn't insist the tenants allowed you to cut the tree and he did the only thing he could do legally which was evict them. It's your tree, I'm afraid you'll have to suck it up.

It’s your tree. If you like it then it’s for the best it’s professionally cut rather than them just hacking it back to the fence potentially damaging it. The branches cut off are your property so they are supposed to offer them to you not just dispose of them.
I’d pay for cut back and disposal. Remember it’s bird nesting they’ll need to be sure no nests.

Legally they cut the tree back to the boundary but have to ask you if you want the branches etc. They are guilty of flytipping if they just hurl the pieces into your garden.

I wouldn't be paying for my neighbour to cut back their tree if it over hung my garden. Would take legal advice too if needed.

You need to dig up the tree and replant it so that the natural sized canopy is inside your garden.
This might kill it, but you or the previous owners should have thought of that before positioning it on the boundary.

You’re right, you were not meant to do that. You have to OFFER it back and if they say no, your responsibility to then get rid of.

I’m not sure why you think someone else should pay to maintain your tree.

Why should someone else pay to do this. Its your tree!

The law on trees is ridiculous.

Unfortunately it’s your tree, so I’d be sucking this up, either do it yourself or pay someone.

This is one of the more ridiculous posts I have ever read. Dig up and replant a mature tree? I’m the OP will get right on that 🙄

If you don't want the cuttings but they are still thrown back this is now seen as 'Fly tipping' and your neighbour can be legally dealt with ! 😀

Of course the landlord could insist that the tenants allowed the tree not to become a problem

Wet have to pay to get our neighbour's tree cut back because it takes over the back of our garden the bottom end of their garden is completely overgrown with brambles and bushes and trees, I really resent it but the landlord doesn't care and the tenants won't pay. I would really to the landlord and tell him his tenants refused access and trust to pay, tell him to get the next tenants to sign in their context that they permit access for the trees to be trimmed and then maintain your trees

what nonsense

Whether they are unreasonable to have let it get into that state is a bit irrelevant really. It is in the state it’s in and their past refusal to cut it won’t change anything now. They can cut it back to the boundary and offer the branches back to you but you don’t have to accept them. However, with it being your tree which is now an inconvenience for other people, (it’s not the landlord’s fault the tenants refused to let you cut it for years) for the purpose of maintaining a neighbourly relationship it’s probably better in the long term to just do it, although I would use this opportunity to secure a future agreement that it doesn’t get left to grow out of control their side in future, be that by you keeping it trimmed going forward or them.

If it’s your tree then it’s your responsibility

They may not have had their details.

The ridiculous thing is planning to store half your your tree in the neighbours garden.

It’s YOUR TREE. Even though you thoughtlessly planted it on the property boundary, you are still responsible for keeping YOUR TREE trimmed and healthy. You’ve been the CF all these years.

In addition, tenants are not legally responsible to maintain any tree or shrub owned by the LL that are higher than 6ft due to health and safety.