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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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!

OP posts:
Original poster
LovingTheRain · 11/06/2009 21:23

Thanks everyone Your posts have made me feel better about not wanting to cut it down.

I rarely see the neighbour in question as her DCs were had all grown up and moved out before mine were even born.

Am going to ring the local council tomorrow for some advice and contact a few more tree surgery companies. Then might approach her in regards to cost etc but not sure if i'll be brave enough - would ask DH to do it but he can't stand confrontation and has already told me he thinks we should pay (even though there's no way we could afford to!)

OP posts:
warthog · 11/06/2009 21:57

grow some balls, lovingtherain!

esp if you can't afford it!

mamas12 · 11/06/2009 22:14

Get the council to inform them.??
But do not let yourself be bullied into something you will regret, what's next?
Asking you to move house because she wantss her friends to live thier?

mamas12 · 11/06/2009 22:14

THERE

SoupDragon · 11/06/2009 22:15

Don't approach any tree surgeons.

Just forget about it.

If she mentions it again, tell her you aren't prepared to pay.

EldonAve · 11/06/2009 22:22

I agree with SoupDragon, just forget all about it
If she asks you again just say you decided you will keep your tree

bruffin · 11/06/2009 22:22

You do not have to cut the tree down, she just has to have her conservatory built on piling, which are like lumps of cement. This lets the roots grow around the foundations

Our estate was built on the garden of an old house where all the trees were given preservations orders. The houses were all built on piling and any extension/conservtory we have should be on piling as well. We have mature trees very close to the house
However I think it is very expensive.

ClaireDeLoon · 11/06/2009 22:33

I think she should pay. I also think she is being unreasonable - maybe your tree is more important to you than her conversatory.

That said, when we moved in here one of the first things we did was remove a tree that was hard up against the neighbours extension as we could only foresee problems for them because of it. Plus it wasn't a very attractive tree! But it was entirely our choice and they did not expect it.

Fizzylemonade · 11/06/2009 22:53

As Mumofagun has suggested, check out

garden law website tree forum

There are lots of people on there who have gone through similar situations to you and also solicitors post on there too.

carocaro · 11/06/2009 23:10

fuck her, keep your tree, it's yours! She is talking total shit about the roots as well. Cheeky COW.

HighOnDieselAndGasoline · 11/06/2009 23:13

You would be doing her a favour if you agree to have the tree cut down - so she should definitely pay and buy you a case of wine too!

ChippingIn · 11/06/2009 23:15

Sorry, only read pages 1 & 5, so might have missed something... but from what I've read...

She told you, that you had to cut down your tree, because she is going to build a conservatory and in the future the roots might be a problem.... riiiiiiight. There's no way with that attitude I'd even be thinking about it - now had she explained the situation and asked nicely - then I'd consider it, but demanding you do it for her benefit.... F'off

As for your DH, he really does need to grow a pair!

Qally · 12/06/2009 00:50

According to Gardenlaw.co.uk tree roots on someone else's land can constitute a trespass, and, if they do damage, a legal nuisance. So you could potentially be liable if damage occurs. It also says the earlier a neighbour warns you, the more legal ground for complaint they have. Basically your roots + their land + damage = your problem.

I'd be fuming as well, tbh, and I'd definitely ask her to cough up for the cost. But it seems it's not as clear cut as it appears at first sight. Though I'd be fuming, too.

JenniPenni · 12/06/2009 09:37

I wouldnt spend the time/money/stress phoning tree surgeons. I wouldnt approach her about it either. Just leave it. If she approaches you again, say you don't want your tree cut down. Period.

edam · 12/06/2009 11:58

Qally - does that apply if the neighbour has chosen to build a conservatory close to a tree that they know has roots on their land, though? Tree was there before they even thought about the conservatory, surely THEY are choosing to take the risk? And can mitigate it themselves by piling the foundations or using some sort of barrier someone mentioned earlier in the thread?

No idea about the law, but would have thought they know the risk and if they choose not to mitigate it, it would limit how much they could claim/bar any claim at all?

edam · 12/06/2009 11:59

Actually, LTR, maybe a call to your insurers might help - perhaps they would know what the position is when a neighbour chooses to build close to an existing tree on your land.

Qally · 12/06/2009 18:21

Edam - I don't know, but I imagine if the neighbour gave notice that the roots were unacceptable, which she has, and then lawfully built on her own land, the danger of any roots trespassing aren't her problem, iyswim. Because... her land, and if she doesn't want the tree roots there, and said as much, and asked that they be dealt with by the owner of said roots, then she's addressed the issue of forseeable harm. If she built without giving such notice, knowing the issue, that might be different. But that is a completely uninformed guess!

CrushWithEyeliner · 12/06/2009 18:43

please don't bother yourself with this anymore - she has a fookin cheek. Just don't respond and I promise she will not have a leg to stand on. She is trying her luck and bluffing.

katiestar · 12/06/2009 18:46

As I have said before you really need to get proper legal advice.
First off the neighbour has the right to do what she will with her own land (as long as not breaching planning or building regs)
I think it is pretty certain you would be liable for any damage done by your tree's roots especially as she has warned you.
I don't know whether your insurance would pay out as you have been notified and willfully ignored this advice .
Also ,remember you will have to disclose all this if and when you sell your property

EldonAve · 12/06/2009 19:26

But there's been nothing in writing - would a verbal warning count??

katiestar · 12/06/2009 19:42

If they are going to be building close to your property , it may be that the party wall act applies .If so they will have to give you notice under the party wall act.At this time you can appoint a solicitor at their expense to look after your interests and I would have thought they would advise you on this.

edam · 12/06/2009 19:55

Neighbour can build on her own land, of course, but often extensions have to be stepped in to avoid coming too close to the boundary with next door. Not sure whether that is a planning issue or building regs or property law or whatever.

And yes, if party wall act applies, neighbour has to pay for surveyor.

Neighbour also has a legal responsibility not to damage your property - and your tree counts!

Blimey, all this is very complicated... guess your first move is to check for tree preservation order and check the planning permission application VERY carefully.

zeke · 12/06/2009 20:04

Unfortunately, roots from a tree in your are technically trespassing on her property. However, I believe courts really view it as a nuisance.
Your neighbour is completely entitled to cut off any roots that come onto her property.
Be careful - if you tree roots do cause damage in the future you would be liable.
I would discuss this again with your neighbour and try to come to some agreement.
However, I must say that it if were me asking a neighbour to remove their tree I would actually pay for it and be very apologetic as a simple matter of courtesy.

zeke · 12/06/2009 20:05

Oops - now I read the other replies and see a few have said exactly the same!

flowerybeanbag · 12/06/2009 20:10

I am absolutely astonished that it even occurred to her not to of course pay for it herself.

Strikes me she thinks you and your DH are probably the type to avoid confrontation and thought she'd chance it by brazenly acting as though there was no question of her paying in the hope that you would assume she was right, iyswim?

If you don't want it cut down, don't cut it down. If you don't mind having it cut down, and have half an eye on some of the potential root problems way down the line, then say that you and DH would be prepared to consider having it taken down, but of course this would be at her cost, as she is the one who wants it removed for her own convenience.