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AIBU?

to think my neighbour should pay half, if not the whole cost for this!

169 replies

LovingTheRain · 11/06/2009 17:29

My neighbour knocked on the door this afternoon and told me she was getting a conservatory build onto the back of her house. She then went on to tell me that the tree in my garden is going to have to be cut down as the building guys have told her the roots will cause problems for her not yet build conservatory in years to come.

Didn't mention anything to her at the time, but since thinking about it, i think it would only be fair to ask her to pay for half, if not the whole job of having the tree removed. It's going to cost about £300!!! according to the company i called and described the tree and its size etc.

The tree is in my garden, is not dying in any way and we happen to really like it! I know i'm being selfish by not wanting it cut down but is it unreasonable to ask her to pay for it to be removed? There is no way i want to pay anything to have it removed, let alone £300.

I don't suppose there is anyway i can refuse to cut it down can I?

AIBU in asking her to pay? DH doesn't want to cause any problems and thinks we should pay for it!

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pointydog · 11/06/2009 18:21

I had about 3 big trees cut down for £140. Ask around.

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pointydog · 11/06/2009 18:21

edam, of course I have a point

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Grammaticus · 11/06/2009 18:23

You'll probably have to cut it down in the interests of neighbourly relations. Might the roots affect your own house in future, too?

But I don't see why you should pay at all. She should definitely pay half, if you feel the need to compromise.

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FiveGoMadInDorset · 11/06/2009 18:24

The root system covers the same amount of ground as the canopy IYSWIM, so you should get a rough idea how far the roots are by how far the branches spread from the main trunk.

I do think it is cheeky of her to tell you you need to get your tree cut down, you will need to find out whether there is a TPO on it and councils usually slap one on fairly quickly, if not there is then you will have to apply for permission for it to be removed which may not be granted, google your local authority website and it will give you clearere guidelines, all of which should be payable by her as it is at her request that the tree is to be removed. If you finally come to some agreement over it then get quotes from various tree surgeons and then give her the option as to which one to use.

I would go with the others and call in a tree surgeon to get advice on the root system.

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oliverboliverbutt · 11/06/2009 18:25

thank you.
I think you should get another opinion from another builder and a quote from a tree surgeon.
Find out what your rights are.
I would have a conversation with her and ask flat out if she expects you to pay for it, all of it or half.
Personally, I wouldn't pay for any of it.

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ellingwoman · 11/06/2009 18:29

It is BU to want it cut down now though. We are talking about a potential risk some years in the future. It's not as if the building work is dependent on the tree being removed.

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wombleprincess · 11/06/2009 18:30

is she oblivious to the green movement...

if it is a living tree that you like then i see no reason for you to have to cut it down.

if she really wants you to cut it down then:
a) she should pay for it
b) she should replant the area with either a tree whose roots will not damage her conservatory or a planting scheme sympathetic to your garden.

sorry but the way i see it your house is losing value whilst hers is gaining, and she should remimburse you for that fact.

thats not being "arsey" thats just being realistic.

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wombleprincess · 11/06/2009 18:32

oh and she cant sue you for roots damaging her property. someone tried that with my parents, it didnt work.

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LIZS · 11/06/2009 18:32

Does she need planning permission ? If so you can object on grounds it will either damage roots and adversely affect or require removal of your tree.

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MatNanPlus · 11/06/2009 18:35

Beware, if the tree is near the boundry and she can reach 1 copper nail in the trunk will kill the tree!!!

What type of tree is it?

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LovingTheRain · 11/06/2009 18:43

It's an Ash tree (I think!!)

FiveGoMadInDorset - although the branches stretch quite high, they are not wide. Not sure if this affects the roots or not!

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FabulousBakerGirl · 11/06/2009 18:43

Bollocks to cutting it down for the sake of neighbourly relations.

The tree is fine where it is. Let her pay for a tree surgeon to assess the reality of the roots going under her conservatory.

Our side neighbours asked us every year to cut the top of one of our beautifully flowering trees as it stopped the sun shining on to her when sunbathing. They offered to cut it down but we said we did it. The third year they came round and asked we said no, we like the tree. We say nothing to these people from one month to the next and she can sunbathe somewhere else. The tree only flowers for about 3-4 weeks fgs.

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pointydog · 11/06/2009 18:47

I don't think roots do only extend as far as the canopy

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pointydog · 11/06/2009 18:48

ash trees are prety big

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LovingTheRain · 11/06/2009 18:52

It may not be an ash, i am rubbish at naming trees!!

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Milliways · 11/06/2009 18:53

We have huge Ash trees in our garden, and they don't last forever! One of ours is dying (from the drought a few years ago) but is a full grown magnificent specimen that I want to retain as long as possible.

Our neighbours got their other neighbours to amend plans for the garage they are building in the front garden as it would damage the roots to his tree hedge, which is kept immaculate on all sides and top every year by the owner, even on his neighbours side.

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Milliways · 11/06/2009 18:54

Our Ash trees are 80-100' high!

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TubOfLardWithInferiorRange · 11/06/2009 19:00

I would take it as she is apprising you of the situation. She is adding on to her home and there will most likely be problems with the tree down the road. I think this was the right thing for her to do-what if you objected to her adding the conservatory because of this?

It sounds to me as if she was saying, "I'm adding a conservatory-here's how it may affect you...." Well, that's how I'd look at it-then the question is when will your affection be effected-I'd want more information from the builders or perhaps a tree specialist-when, as in, how many years until difficulty ensues and what is the life expectancy of your tree? All and all I would say thank you very much for letting me know and we'll look at cutting down the tree at such and such a time as indicated by x, y, and z as we do not have the funds or inclination to do so at the moment. [turning up nose emoticon]

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LyraSilvertongue · 11/06/2009 19:01

How tall is this tree? If you do agree to cut it down, you don't need to pay someone to do it. DP and I cut down two trees in our garden, then chopped them up and stored the wood for the open fires. You just need a saw.

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TubOfLardWithInferiorRange · 11/06/2009 19:03

Ah, and as far as future lawsuit I'd get something in writing as to builder's estimate of potential damage and expected time frame.

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JenniPenni · 11/06/2009 19:03

I wouldn't cut down the tree. And even if I agreed to cut it down, she'd have to pay for it to be done.

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LyraSilvertongue · 11/06/2009 19:04

But I still don't think you should cut it down if you want to keep it. She can't dictate what happen to your garden.

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TubOfLardWithInferiorRange · 11/06/2009 19:05

Oh, Lyra-excellent idea-I would still wait though-then when it falls it might fall on neighbor's conservatory thus killing two birds with one stone so to speak.

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Mintyy · 11/06/2009 19:05

Be very careful that the tree does not have a tree preservation order on it anyway. You can run into huge difficulties selling a property in future if you have felled a tree with a tpo.

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TubOfLardWithInferiorRange · 11/06/2009 19:08

And by the by, and you may have already said this but I missed it-does this tree block your view of the proposed conservatory site in any way? And if so will your neighbor potentially be bothered by your incessant treeless peering into her new glass house?

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