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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

neighbours cutting down tree.

42 replies

nancy75 · 05/03/2009 11:56

The garden that backs on to mine has a massive tree in it (taller than the house) they have a tree surgeon in at the moment trimming it and most of what they are cutting down seems to be finding its way into my garden. the tree doesn't hang over my garden and the branches they are cutting are about 6foot long, just been out to ask if they will be clearing up the branches and they have told me no because they are in my garden! aibu or does this take the p**s?

OP posts:
Sorrento · 05/03/2009 11:58

Tell them to get themselves round to pick them up or you'll call head office of the company or the council if they are a one man band.
Or would your neighbour want to pick them up ?

southeastastra · 05/03/2009 11:58

blimey it does take the p!

if they weren't so big i'd suggest lobbing them back over the fence and telling them they aren't in your garden now.

MorningTownRide · 05/03/2009 11:59

YANBU - just pick up the branches and put them back into the neighbours garden

MorningTownRide · 05/03/2009 11:59

x-posts!!

hippocampus · 05/03/2009 12:01

As the tree belongs to them then legally you aren't entitled to keep the branches.

I'd start chucking them back.

Original poster
nancy75 · 05/03/2009 12:01

i will throw the smaller ones back, some of the bigger ones are the size of a small tree, doubt if i could get them over the fence!

OP posts:
clam · 05/03/2009 12:09

If you were talking about a few small ones, then I'd say chuck 'em back. But if they're large, then are they seriously suggesting you should be expected to hack them up with a saw and dispose of them? Get their company's number NOW, before they leave, and get assurance that they will clear it ALL up, big branches and small.

cestlavie · 05/03/2009 12:19

No, this does take the p*ss and legally speaking, I believe that they're guilty of trespass by placing objects on your land without your consent - the same way that if next door was having a conservatory built you wouldn't expect them to tip a load of old bricks onto your garden either.

The remedy for this is for either them to remove the property (thereby ceasing the trespass) or to pay damages to you for any costs you incur in remedying the trespass.

I'd be inclined to speak to them and offer them the opportunity to remove the branches themselves and let them know that if they don't, you'll have to hire someone to do so and they'll be liable for that cost.

(I'd check with a lawyer to make sure, but I'm pretty sure this is the way it would stack up)

Original poster
nancy75 · 05/03/2009 12:20

well, never met these neighbours before, and wont be rushing to meet them again, just knocked and asked politely about the branches being removed, he looked at me like i was mad and told me its not his problem - nice! looks like i'll have to get my dad and brother round and throw them all back, there is no way i'm wasting time going to the local dump to get rid of them. god what is wrong with some people.

OP posts:
themoon66 · 05/03/2009 12:22

I'd be more than happy to have the branches.... I have a wood burning stove

Where do you live?

wotulookinat · 05/03/2009 12:23

Their three so their branches. Chuck them back over.

Original poster
nancy75 · 05/03/2009 12:23

se london, probably not worth the drive!

OP posts:
bronze · 05/03/2009 12:25

Good thing you didn't have children playing in the garden

themoon66 · 05/03/2009 12:25

put a sign outside 'firewood for sale' Make a few bob

mehgalegs · 05/03/2009 12:26

My DH is a tree surgeon. If taking the tree down means branches and debris will fall into a neighbour's garden he always talks to this neighbour before he strats work to warn them and to tell them he will need to get into the garden to clear up.

YANBU - they are taking the piss.

clam · 05/03/2009 12:30

Get on to the company - pronto. Is there not a phone number on the van?

Original poster
nancy75 · 05/03/2009 12:36

clam, yes got their phone number got an answer phone, i have a feeling its a one man band rather than big company, so i'm probably ringing the person i just spoke to!
mehgalegs, i did think it strange that they hadn't knocked to tell me they were doing it(especially as they would have seen the kids slides ect in the garden) but with all the other aibu neighbour threads today i didnt like to ask!

OP posts:
MollieO · 05/03/2009 12:39

It is your neighbour's responsibility to ensure that the branches do not fall on your property and if they do then to arrange for them to be removed. The neighbour has employed a contractor but he cannot delegate this to the contractor. Fine if the contractor removes the branches but if he doesn't then your neighbour must. I would pop round again and say that you will have difficulty removing them and may be injured in the process and tell him that you are happy to give his contractor access to complete their job.

Whenever I have tree surgeons I always ensure that they remove any branches from neighbouring property as part of their job (I think that is normal).

MollieO · 05/03/2009 12:42

I would ring the council and find out if this company does work for them. If they do then I would tell them what the problem is and also tell the neighbour that you have spoken to the council. If the contractor is on the council's list then they won't be overly keen to put future business his way if he behaves like this.

DesperateHousewifeToo · 05/03/2009 12:48

Wait for the tree surgeon to finish the job and leave.

Then once they have gone, get your family over to return the branches (legally they are his anyway, I think).

As the Tree guys ahve left, it will cause him more agro to get them cleared away.

I'd be livid (but quietly fuming behind the curtains rather than having the guts to confront anyone!).

Are there any websites locally where people can leave feedback about a service? If so, tell them you are about to write negative feedback about them.

DesperateHousewifeToo · 05/03/2009 12:51

Ps. Take some photos. Just in case!

Can you get any footage of them chucking things over the fence?

I wonder if it's the same guys who my friend used? They chucked everything over into their neighbours garden rather than take it away too. Luckily my friend was verrry apologetic and cleared it all away for them. They were very nice about it.

permatired · 05/03/2009 12:54

This is awful. I once had the flip side of this where came home in this situation and 2 men had jumped down into my back garden to retrieve the branches that has gone over - obv relieved they had gone but very alarmed to see men in the garden as I came through the front door. In your case the fact that these branches are too big for you to put back over means that they have technically dumped them illegally on your property - I would definitely do as MollieO has suggested. Poor you, hope you get it sorted. Also has tree being cut down removed screening you benefitted from? That happened to me and was very upset but thanks to some judicious trellising and a couple of years it is fine now and lighter in the garden (and pigeons don't poo in my drink now when I'm sitting on the garden bench!)

mehgalegs · 05/03/2009 12:59

DesHW - Dh is a very tidy very courteous tree surgeon but he spends his life being filmed by neighbours. He always gives them a wave.

Seriously though, they should tidy up. When I type out DH's quotes I copy and paste the same para at the bottom of each letter saying that the site/garden will be lefy tidy upon completion of the works. this includes neighbouring properties. It's just common decency at the very least.

DesperateHousewifeToo · 05/03/2009 13:09

Mehga, your dh sounds like the sort of tree surgeon I'd like. Are you anywhere near West London?.

Surely, it's self defeating not to do these things when it's your own business.

Original poster
nancy75 · 05/03/2009 13:20

thanks for all the advice, just taken a few pictures (they are still up the tree) just rang my dad, he said i should just park my car over their drive and not let them leave until they clear it! . im going to go back in a minute and let them know if they don't move the stuff i will get someone else to do it and bill them for it

OP posts:
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