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

[LovingTheRain]

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!

[FiveGoMadInDorset]

My mistake, 2 to 3 times the canopy spread.

[SecondhandRose]

She needs to pay for it herself if she wants it removed.

[edam]

Do ask the council about Tree Preservation Orders - I only discovered by accident that EVERY tree round here is protected, apparently to do with conservation area status (not sure if that applies everywhere or is just the way our council has done it).

We were supposed to get permission to cut down a blasted tree that had fallen into our back garden! (Actually one of the neighbours chopped it up - tree was in the alley way behind our houses.)

[Baisey]

I think you should get some more quotes and when you receive the letter from the council regarding permission go round to your neighbour and tell her you received the letter and say that you have a few quotes for the felling of the tree for her to look at. If, she is indeed a rational person and wants to be sensible about it then she will take the quotes with a gracious smile, if not, refuse to remove the tree.

[ingles2]

you are definitely not responsible for the cost of cutting down the tree.... Can't believe she would even suggest it... do you think you might have got the wrong end of the stick?
If the roots are likely to impact the foundations of the conservatory, then she'd be wise to look for an alternative location for the conservatory.
Decide if you want to cut it down,
if you don't mind losing the tree, ask her to pay for it and plant another (smaller, ornamental) somewhere else in the garden.

[LovingTheRain]

Is possible, but when she said that the two she had cut down at the top of her garden cost about £700 so she guessed i would have to pay £300 - £350 to have mine cut down. She made no offer to pay and i assumed that she was meaning me to pay when she suggested how much it would cost me.

[edam]

Very good point by Ingles there - your neighbour is choosing to build a conservatory on that spot, she knows perfectly well there's a tree nearby, any problems should be her blasted look-out.

Anyway, your most recent post certainly suggests she's expecting you to not only chop down your tree to suit her convenience but foot the bill yourself. Incredibly cheeky.

Do you like the tree? Have you ever considered removing it? If not, I wouldn't be terribly inclined to help her out. And I certainly wouldn't be paying for any work! But do check the TPO stuff, in case her workmen 'accidentally' hack through the roots or something.

[katiestar]

I am not so sure.
If the roots of your tree are extending into her garden and preventing her building work then you might well be responsible for the cost of removing them and for making sure they don't damage her future building work .Which in effect is going to mean cutting the tree down.You need to get legal advice methinks

[ingles2]

Has the tree been there a long time? Was it there when she moved in?

[OrmIrian]

DOn't get it cut down! Bloody nerve

[honie]

Your tree may stop her getting permission for her additions, so if she talks you into felling it now she won't need to worry. My extension is 1M shorter than we hoped we would get permission for because of a lovely holm oak I couldn't bear to fell that sits nr the house (we have another 5 of them, but they are all lovely). Another neighbour spent a year trying various ways of talking me into felling a row of trees in the shared drive outside (drive nothing to do with him, it runs along the side of his garden) turns out he wants to build a house in his back garden but wont get permission with th etree's there. I wont be getting them felled for him.

I would phone your local council and ask to speak to the person who deals with trees on private land. Don't take your tree down if you dont want to unless you legally have too, and dont pay for it!

[Dragonhart]

We are having a conservatory built atm and afew months ago went to our neighbour and asked her if she would mind having a very tall connifer in her garden (very close to both our houses) cut down.

Luckily she agreed and obviously we paid. There was no question that she would pay to me as it was for our convienience she was having it down.

She was happy to have it down, but if you want to keep the tree then you should just tell her. If she wants it down (and you are happy with that) then she should definately pay.

[MumtoCharlieandLola]

Believe it or not, but your trees roots on her land are actually trespassing.

With regards to getting trees cut down, if you want to the council to intervene you will likely have to pay for them to come out and have a look.

I have a problem with my neighbours leylandii. Under the high hedges bill (part of the anti social behaviour act) there is a legal height that these trees can reach (something around 1.8 m I think) I am within my rights to ask her to cut them back but I need the council to intervene. However, it is going to cost me £250 to get them to even come out a look so for now they are just growing and growing.

Unless I am driven to getting out copper nails

Good luck with it, these things are always tricky

[warthog]

she should pay.

when we rebuilt our party wall between us and our neighbours, we paid. they didn't pay a penny. because WE wanted it done.

[ingles2]

I could be totally wrong MtoC&L, but I think that act was introduced specifically to deal with leylandii hedges, I think there are exclusions for singular trees.

[Jux]

For god's sake some people's cheek astonishes me! And to think that you might actually have done it. How dare she? Keep your tree. You like it. It's yours! Bugger her conservatory, she can change the plans to accomodate it. How dare she?

[MumtoCharlieandLola]

Yup, thats what I meant, hence the 'legal height to these trees' bit, I was more getting on about the charges that councils put on for coming out to look at things like trees.

Plus I a v. pissed off with my stubborn neighbour and enjoy any opportunity to rant about it.

[MollieO]

"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."

Ime this is a neighbour being arsey. If you like your tree then keep it. The only trees that the council will be interested in are ones with TPOs and Leylandi (over large conifers).

It you want to keep your tree then go ahead. If you don't mind it being removed then it is up to your neighbour at her expense to do so.

[SoupDragon]

You don't tell someone they have to get their tree cut down for your convenience. you ask and offer to pay.

neighbour is being arsey and cheeky.

[junglist1]

No pay, no cut. End of.

[shockers]

I might be wrong but I have always been led to believe that roots only spread as far as the tree canopy. If the canopy overhangs the wall then the roots will go into her garden but if not they will not spread that far. If you keep the tree cut back from her garden wall then it shouldn't be a problem. I would check with someone knowledgeable before taking the word of the builders erecting her conservatory.

[warthog]

shockers, that's what i thought too.

[Mumofagun]

WE HAVE A RESULT ......

We were in court 2 days ago and it was a complete and utter victory.
I would appear that in the eyes of the law as long as it has planning permission and conforms to building regulations you can build what you like, where you like on your land and if it just so happens that 2 metres away on the other side of the boundary there is a couple of big trees belonging to you neighbour, ......... tough.
My neighbour has a court injunction to remove all offending foliage from the boundary, make good my slabbing and pay all of my costs, a conservative estimate is he is looking at about 12 grand, ........ ooch

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From another site. Does this help?

[Mumofagun]

In other words, leave your tree where it is!

[Mumofagun]

www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=7480&sid=15e310f56154f52402659017bf7c6731