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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!

OP posts:

Report

belgo · 16/06/2009 12:08

I agree with PointyDog. It seems a reasonable request from a neighbour, and my first thought was that if the roots are on her garden and are effecting her property and what she wants to do with her own property, then it's your responsibility to deal with the roots. They are your roots, in her garden, and as someone else says, that could be considered trespassing.

Trees are lovely but they are not worth souring neighbourhood relations over. After all, you have to live next door to each other.

As Pointydog says, this can surely be resolved without all the and faces by speaking like reasonable adults.

lizziemun · 16/06/2009 12:32

When my BIL had an extention built and they had trees within i think it was 5metres of where they were building and they were told by the planning dept that they just had to put in deeper footings/foundations. No one suggested that they get their neighbours to remove the trees from their gardens.

Blu · 16/06/2009 12:39

I am also of a mind that she has been quite clever, and has sought legal advice...or else the builders mentioned the tree as a possible future source of difficulty and she has come to one particular conclusion.

Without taking legal advice yourself, and also advice from a tree specialist, I don't think you can make a decision.

But probably, a solicitor and tree surgeon will cost as much as cutting it down.

I wonder if your council would send a tree surgeon? or whether you can get a short advisory session with a solicitor who specialises in cases like this for a low fee?

Does she need planning permission for the conservatory? It will depend how big it is and whether it comes within her 'permitted development'. She may well need your co-operation re planning permission, and yu should think v carefully how much her conservatory would (genuinely) impinge. Will it block light, interfere with you privacy or cause other problems?

Poppyanna · 16/06/2009 12:51

Your tree, keep it if you want, don't let you neighbour push you into it. I'm sick and tied off keping tne neighbour my happy, what do they do for me.

LovingTheRain · 16/06/2009 13:50

UPDATE on the tree:

Spoken to the Heritage foundation on the phone and have had a tree surgeon round this morning.

The Heritage foundation have said there is no way they will condone the cutting down of a healthy tree and are going to sent it to me in writing.

The tree surgeon looked at the tree and the distance to the neighbours house etc etc and has said that he doesn't think the roots will cause any problem for my house or theirs for atleast 60 years

He also said that if i were have 1/3 cut down, it would need to be done every 7 years and cost £200 a time. He said it's not worth it and we should leave the tree.

He gave this to me in writing and also did a quote which i could give to the neighbour if she comes and sees me again.

So am keeping the tree (for now!!)

OP posts:

lizziemun · 16/06/2009 14:06

well done. I'm glad you get to keep your tree .

I would also chase the coucil until you have your letters.

Tinker · 16/06/2009 14:09

Excellent result. Up the Trees!

JeMeSouviens · 16/06/2009 14:26

Great news, it's such a lovely tree.

Ripeberry · 16/06/2009 14:35

Tell her to sling her hook. Its your tree in your garden! She has no legal right to ask you to cut it down.
It would be like someone telling a neighbour to take down a structure (shed) in their garden as it would spoil their view.

Ripeberry · 16/06/2009 14:39

Glad you've got the letters in favour of the trees. We have some nice ones in a field accross the road from us and our neighbour applied for special preservation orders on them and it was granted.

Ponders · 16/06/2009 18:52

Oh that's great news LTR, well done

Mybox · 16/06/2009 20:05

Good going ltr - sounds like your neighbour was just using this an excuse to get you to cut down your tree.

TheYearOfTheCat · 16/06/2009 20:31

Thanks for the update - glad you have some clarity regarding the situation.

icedgemsrock · 16/06/2009 21:50

Has the neighbour been back since first visit? sorry can't be bothered to trawl through all 7 pages. If not let us know what she says - I am so nosey!

noddyholder · 16/06/2009 21:51

Sorry to hijack but I have a boundary prob I have posted in legal.ANY advice would be great as I need to compose a shit hot letter tomorrow TIA xxxxx

Blu · 18/06/2009 10:30

Sounds good, LTR.

I would still seek a little legal advice, because if she is laying down a marker that any future root dmaage will be your liability, it may be worth sending her an official letter when the planning notice goes up, or asap if no requirment for a planning notice / letter saying that you have sought advice re the felling of the tree, the HF will not sanction it, and therefore if they go ahead it is in full knowledge that there is a tree there that cannot be felled. i.e their choice to build on it, their liability.

But I am no legal bod.

Jux · 19/06/2009 16:34

Excellent news, Lovingtherain.

pingping · 19/06/2009 16:37

she can't force you to cut it down and if you agree to have it cut down the least she can do is foot the bill

sam2cats · 19/06/2009 20:35

Have just seen this thread.. we recently had trouble with a tree that fell on our property so was interested! If I wanted a conservatory and needed my neighbour's tree felled, I would ask nicely and offer to pay from the outset, it would be the first thing I would say. Whatever the legalities, they are your neighbours and should know that being neighbourly works both ways. Have they even considered the noise and mess you will experience while it is being built? It sounds as if your neighbour was being very presumptious. I hope they see sense and don't bother you with it again or at the very least offer to pay if they persist with their request. A chat to the council should clear matters up for you, you could also try talking to the planning dept as well as the tree guys, they may have dealt with matters like this before. Good luck!

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