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?

Are there any other large items that I can keep in my neighbour's garden?

So long as the base is on my side?

Tree stuff is really shit. Our neighbours have mature trees that damaged our fence panels and uprooted a low wall because of their roots. We had to pay to replace the fence and accommodate the trees. OTOH when our tree roots were lifting the paving at the back neighbour we ended up paying for our tree to be cut down. We also pay for the fence neighbours trees to be cut back. I’m sick of the bloody trees!

If the tree is on your land, then it's damage is your responsibility, and the onus is on you to ensure it is kept safe. And a really good time to do that is before anything happens.

If it were to be blown down or cause damage (or worse, injury) to your neighbours, their insurance would start from the suggestion that it was not inspected or maintained - rendering you liable.

Where the reasonableness lies is another matter.

I have a beautiful acer tree in my garden next to the neighbours fence which I have pruned every year to keep it under control, it grows very quickly. It should only be cut in the winter term before buds appear, otherwise it can harm the new growth.

In the past my previous neighbour was happy to cut his side but the neighbour is a woman on her own, like me, and we get on very well. I plan to ask her if my gardener could come in her garden to prune the tree when he’s doing my side as ideally I’d like the tree to be be neat on both sides, I can see her side when I drive in. I think she will be fine as she offered to pay for part of the cost of my new fence without me having to ask. I don’t intend to ask her to contribute as my gardener doesn’t charge a lot for the extra work.

whatever the legal position re trees, I think having a good relationship with neighbours is important and it’s my choice to have a tree growing so close to the boundary.

No he really couldn't.

I would have cut it back anyway as best I could from my side

I would email the landlord and the letting agent, give a factual account of what has happened that previous tenants did not allow you to trim their side.

Refuse to pay for the work on that basis, and remind them of the law that states they must offer you the branches but you don't need to accept. Incidentally a lot of tree surgeons keep them for firewood anyway.

Say that once the work has been done, you would be happy to arrange with the landlord for you to come and keep on top of it every winter going forwards.

All in writing so you have a record.

You’re being ridiculous.

We have a tree that overhangs the boundary. It’s taller than the house. I suppose I could pop in a time travel machine to have it planted further away 60 years ago but I really can’t be bothered!

It’s OP that’s not acting according to the law…. So this may backfire

Of course he could! Tenants can be given 24hrs notice of repairs/maintenance happening and they have to suck it up. They don't have to be there, the landlord could be there instead, but they can't refuse the work.

Your cutting is back and sorting it. Irritating they wouldnt let you maintain it but dont see why your getting so wound up

No they absolutely don't have to suck it up. 24 hours notice does not entitled a landlord to enter the property including the garden. Tenants absolutely CAN legally refuse repair or maintenance work. Landlords can only enter without consent in a genuine emergency such as a water or gas leak. The law is very clear.

This makes no sense. The tenants had no authority to tell OP yes. Refusing and saying talk to the property owner(LL) was correct on their part.

OP should have arranged to trim the side of their tree that intruded onto the LL’s property with the LL or LL’s property manager. It’s kind of obvious you need the permission of the property OWNER for access.

Failing to arrange access for years doesn’t then mean the OP can refuse to pay to trim their own tree once they finally figured out doh maybe I should not have asked tenants who legally can’t give that kind of permission but asked the actual owner.

Yes, but there is no record that the tenants were ever asked by their LL.

And generally most tenants would say yes if their LL were offering free tree trimming.

Tell him you are skint but happy to dispose of the cuttings...trip to the local tip or advertise it as free firewood.

Neighbours can cut back the branches overhanging into their property. They can offer them to you but they can't just chuck them over the fence. And they need to pay for it themselves. But if they dont want it cut and you do then you need to pay. Whoever wants it cut generally pays. I looked it up.

Perhaps you could name your source because I'm a housing practitioner and that's news to me . . .

You don’t have to pay for this and they can’t throw the branches over your fence as this would be fly tipping .
A good solution would be for OP to offer to pay half as a goodwill gesture. This might or might not include disposal of the branches . If you are paying for the tree surgeon they really should pay for disposal .

By the way - We pay for our neighbours huge hedge to be maintained on our side yearly . They don’t keep on top of their own side or the top and we don’t want our side to get out of control. It’s our choice though not to have a row. It took a lot of persuasion to get permission to reduce the size by 25% . You choose your compromise that feels ok.

In nearly all tenancy agreements I've seen, and I've seen many, there is a clause re keeping the garden tidy and in good order, and trimming trees and shrubs where necessary.
It's now the landlords responsibility as he has possession not the neighbours responsibility.

But the tree in question overhangs the neighbour’s garden. Therefore the neighbour should pay to have the branches etc which overhang into their garden themselves.

We have this same issue - our next door neighbours just trim their side of the tree and pay for it themselves. They’ve been doing this for many years, long before we moved into the property.

Bless your heart, you didn’t need to prove further that you don’t really get it.

Someone explain while tree upright it is owner's responsibility. if blown over in storm and in neighbours garden presumably damaging the fence it is the neighbours problem???

I’ve never seen so many factually incorrect replies on a post before 😂. The first poster had it right, they can cut the tree back to the boundary line but they pay for it. They have to offer you the branches, but if you don’t want them, they need to dispose of them at their expense. If they just throw them over the fence it’s fly tipping. We’ve just paid to have our neighbours’ trees and hedges cut back as they were overhanging our garden on three sides. Didn’t occur to me to ask them to pay.

If you want to be VERY nice, you can offer to pay half. But legally you don’t need to. And he’s a CF for demanding it.

I understand that in a number of European nations legislation prevents you from planting a tree within a certain distance of the property boundary.

As discussed the bits that overhang the adjoining property are not your responsibility and the owner has to dispose of any trimmings unless you want them.

The tenants are required to allow access for maintenance BUT only to the LL so if you ask to come in and cut the tree back then they can say no. If you send the request via the LL however the tenants have to allow access

You don’t have to pay but I would to make sure it’s done nicely and shaped. Otherwise he may well just shave a hard line down the boundary and make it look really off balance