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?

Do you know anything about trees and their longevity?
I have yew trees in my garden that are hundreds of years old.
They were here before all the buildings that surround them, except the church.

Why didn't you check the legal position before agreeing to cut it back?

There are clearly lots of people on this thread with beliefs about who is responsible for cutting it back and disposing of the cuttings, but they are so contradictory, that following beliefs rather than the legal position doesn't make sense.

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.

This above is quite different from what the EA has told them (below)

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!

The EA is right, which you know.
But it doesn’t include you paying your have to tree cut down to the boundary. The landlord is clearly trying to avoid paying for it himself.

Let them cut the tree to the boundary and you deal with the cuttings in your garden.

But that will always be the case??

Regardless of the law I think you should take charge of trimming it to ensure it is done properly and doesn't kill the tree. We've lived in our house a short time and there was an old tree in the garden that was very unwell. It had clearly been badly hacked to the boundary. Our next door neighbours are extremely spic and span and grow nothing. I'm sure they wouldn't have liked the leaf litter from the tree.

Well guess what, during a storm the tree was blown over across our garden in the opposite direction and into our other neighbours garden! And cost time and money getting it removed and replacing fences. If it hadn't been so badly hacked at the boundary it would probably still be with us.

Yes, I’d reply to neighbour with this link and then ask him to remove the branches he has fly tipped in your garden so that you don’t have to report him to the council - and mention as another PP has that you’d hate for him to have to declare a neighbour dispute if he ever comes to sell.

Tbh if I had to pay for a neighbour's tree I would go for 'kill it' to avoid paying more work done.

Our neighbours tree comes over my fencing all the time. They have a landlord but we own our house so we just chop it back ourselves and they let us without a problem. Their landlord is an acquaintance of ours so they know us and don’t mind as it’s keeping their property tidy too. We have a garden waste bin so dispose of it in our bin as they don’t have one.
I don’t see why you have to pay though the landlord should do it for them surely or tell the tenant to.

Your going to have to such this up
many rentals gave it in the contract where the tenant has to maintain the garden

maintaining trees us subjective
my guess is the tenant liked over hanging tree so wanted it leaving
now LL wants it cutting back
personally I’d do it then your in control otherwise you’ll get some random hacking branches off potentially destabilising the tree and even killing it

I have been dealing with the fucking invasive plants and trees of the neighbours for years, it has costed me, at times over £500 to prune back invasive roses that are climbing on to my trees. They take care of their side but dont do anything on my side. My wall is being ruined by ivy they decided to let go wild. They have never offered to pay and the only time 2 branches went on to their side, their son came and had a go at us for throwing branches on to their elderly parents’ garden.

The parents are retired, but not infirm, quite active actually, they are not poor either, they both are lawyers and this is just a holiday home for them. So… I would say that if my neighbours don’t get a shit about the mess their trees and plants do to my wall and garden, you have nothing to worry about (law wise) or work to do.

Let them do the work of cutting it and if they throw it on your side… I’m sure there should be somewhere to report them to.

I would suck it up this time.
I would ask the landlord to put into his lease a statement about you bring allowed to access the garden on x or y dates to manage the tree.
I have a plant and grass free garden (not everyone's choice I know!) but still have to get a brown bin every year because of the neighbours trees. It winds me up even tho I know the law.

This is my whole understanding of it, whatever extends into your property is your problem and no one else’s.

This.
Working together is the least costly method of resolving this dispute. If the previous tenants hadn’t been so arsey the LL wouldn’t find himself in this position now would he?!
He needs to get it written into the tenancy agreement that you’re given access rights to maintain the tree on that side to ensure it is safe, tidy, and aesthetically presentable……surely no one wants to look at a hacked at, untidy, unkempt tree.

It doesn't matter what's in the tenancy agreement if the tenant refuses access.

The OP offered free tree trimming to them and they refused.

If it overhangs the neighbour's garden it's the neighbour's problem all the time, upright or not.

So many people on here stating the incorrect legal position.

If you own a tree and its branches overhang someone else's garden, it is not your legal responsibility to have or pay for those branches to be removed. If the neighbour wants to remove them they can cut back to the boundary, but have to offer you the branches. The cost of this is borne by the neighbour, you do not have to pay a penny.

Thanks for the blessing, but I do get it.

My neighbour planted pyracantha an inch from the preexisting wire mesh fence and deliberately wove it through the fence as it grew.

You are liable for everything on your land, and any damage it does.

Well in that case, the houses maybe should not have been built so close to the existing trees.

Get them to do it themselves if it bothers them that much. You don’t have to pay

Further practical and actionable advice for the OP there. You are the gift that keeps on giving.

Fair enough. my comments don't help the OP and her current problem, but people really should think more about what they plant and how big and/or invasive it will be.

It's whoever the fence belongs to on their insurance unless it has been badly maintained.

We had a beautiful mature tree in our previous garden - from before the house was built. Trunk about 5' in diameter, leaning slightly away from us and with a tree preservation order on. So we did take legal advice before we moved in to check whose liability.

We used to go 50/50 with our neighbour as they liked it trimming more often than we could really afford to. This kept everyone happy.

Beautiful tree, but the garden was only about 10' square!

Not true.

If you own a tree on your land and parts of it overhang someone else's land, it is not your responsibility if a branch falls off onto the neighbour's land and smashes their fence and greenhouse( would be covered by insurance anyway), as long as the damage could not have been predicted i e.the tree was healthy.

If a branch fell off and injured your neighbour it is not your responsibility if it was unforeseen. It's different if for example the tree was dead and you hadn't had it cut down, because then it would be likely to do damage from falling branches or the tree itself

Likewise if the neighbours cut back the overhanging branches of your tree, which they are entitled to do, but they don't use a professional and your tree becomes unbalanced and falls over, the neighbours are liable for the damage caused.

In that case you’d have a tree hanging into your garden, and a legal bill.

There’s no requirement for a neighbour to keep their tree as you would like it. If you don’t want it growing into your garden, you cut it back. You can’t legally force the neighbour to do your gardening for you, even if the plant you’re gardening grows from their side.