My neighbour and her tree

[Cherryblossom200]

Hi there,

I'm looking for a bit of advice please. I live next to an elderly lady who has a massive tree in her garden. It's approx 15 metres if not more tall and is approx 3 metres from the start of my property. It's huge and bushy, It's a horn beam so it's very bushy when it has leaves on it.

I moved into my property about 6 years ago, in that time she's had it pruned once, it hardly made a difference to the tree tbh. And very quickly the branches ended up on my side again.

The issue I have is due to where the sun comes round, she gets all the daylight/sun and the majority of the year we get very little.

I've lived without complaining about it other than to ask if I could cut back the branches which end up on my property and she said I wasn't allowed to. So I've left it. I've always tried to keep the peace and avoid conflict with her.

I'm in the process of having an extension done to the back of my house, it's single storey so doesn't block any of her light or sun. However we are now even closer to the tree, some branches are almost half way across my garden and already starting to block my new guttering.

My garden has lost all of its grass and is water logged from all the leaves, it's a nightmare and unusable.

I tried talking to her about it today, and she said she will prune it when the leaves fall off. I tried explaining the impact it has on us, and she dismissed it by saying I shouldn't of moved to a property next to a tree if I didn't like it.

All I want is the tree to be made smaller. My greatest concern is if a branch falls on my child or myself when we are in the garden, and also it gets uprooted in a storm.

I've sent her a polite, yet firm message today. Explaining the impact it has on our quality of life, and that due to its size and proximity to our houses (they are only small 2 beds!) it needs to be made into a smaller, safer size. I emphasised wanting not to upset her, cause conflict and to keep the beauty of the tree.

If she doesn't listen, what other steps are there for me?

Before anyone jumps down my throat, I absolutely love nature. This isn't about chopping down the tree. It's about getting a happy compromise that works for us both, but first and foremost keeping us safe.

Check your local authority website to see if it's protected or in a conservation area. If neither you can prune back to your boundary, though you must offer the bits you cut off back to neighbour.

www.saga.co.uk/magazine/home-garden/gardening/advice-tips/what-to-do-about-a-neighbours-overhanging-tree

I'm sure Ive read that you can prune branches overhanging your property. Is there a tree protection order on it? I'm very against anything being done to trees unless they are a danger.

No TPO on it.

I think if a tree is in such close proximity to a house there has to be a responsibility to keep it a safe size.

I'd contact her in writing. Advise her that if she hasn't had the tree sorted by X date, you will be cutting back the tree where it overhangs your boundary.

You can cut it back wherever it overhangs your property and she cannot stop you. Just give her the cuttings back.

Job done.

You have the right to trim any branches overhanging your property up to the boundary - assuming it isnt subject to a tree preservation order. I think she is being unreasonable and you should go ahead and get rid of the branches in your garden. You could tell her that's what you plan to do - maybe in writing so there is a paper trail and give her chance to arrange the work herself otherwise you will go ahead on date X.

Well if you live near me you can do whatever you want to it. My tree does have a tpo and neighbour over the back had a butcher round to blitz it. Council man shrugged and said it will grow...

If the tree doesn't have a conservation order, cut back the branches that overhang your property.

Call in a tree surgeon and have the branches cut off right back to the boundary

absokutely no further discussion needed

Maybe she can’t afford the cost of a tree surgeon?

She does, and I've offered to pay but she doesn't want me touching the tree.

Just send her a message that as a courtesy, you are informing her you will be having them cut back as you are legally entitled to do, and would she like the cuttings? The crack ok. I love tress, but they need to be maintained. Despite the cost, better you have it done as much as you want.

Call in a tree surgeon and get the overhanging branches cut back. A good qualified person will be able to advise on anything to do with reduction in size too and what is possible.

I wonder if it does come down to cost. My tree surgeon is not cheap but does an amazing job of my trees and mixed variety hedges.

Cross posts, then go ahead and cut back the overhanging branches. Up to her if she wants it evened out or not.

I had the same thing. Another angle might be to argue that the tree roots are interfering with your property and causing damage to foundations or subsidence issues with drainage etc. There’s case law to say that the owners of trees are responsible for that sort of damage. I would have thought that a tree that large will have an extensive root system and almost certainly under your property.

en.m.wikipedia.org/wiki/Delaware_Mansions_Ltd_v_City_of_Westminster

^This but you will need to prove that she was aware that the damage was foreseeable so will have to play the long game. You need to send a “letter before action” saying that the tree is damaging your property and request that she maintains the tree. If it then goes on to cause damage, you have proof that she was aware and can make a claim.

Is there a maximum height of tree allowed in a domestic garden i wonder ?

15m is a bloody tall tree !

No maximum size I don't think!

I actually have a tree surgeon coming over on Friday to get rid of all of my conifers at the back of my garden to try and create more light. I can easily instruct him to cut the branches, but I'm concerned if I do this it will just get her back up, Then she won't consider cutting back the rest of her tree.

Apparently hornbeams only have roots above ground or something and don't spread your too wide. I still needed deeper foundations for my extension to protect my property.

I’d warn her first that you’re going to cut it on Friday.
you are allowed to cut up to the boundary, but you need to offer the branches back.

Im not going to cut her tree. I sent her this message today. And hope she will consider it before I think about cutting the branches:

With regards to the conversation I had with you today. I fully appreciate you not wanting to damage or take away the beauty of your tree.
This is definitely not my intention.

However I wanted to explain the impact the tree is having on us. And has done for a number of years. It is currently taking away full sunlight and daylight in my garden for the majority of three seasons of the year. These are autumn, winter and early spring.

I realise I am not able to control the issue with leaves, however my garden no longer has any grass on it due to be so covered in wet leaves. It’s almost unmanageable and it is completely water logged.

Above everything the tree needs to be cut back in all areas to make it safe. The tree currently as it stands, within its vicinity to our properties has grown to a sIze where it could become unstable in a storm. Even if a tree is healthy, it can still fall and have horrendous consequences.

If you would kindly cut back the branches which are over hanging on my side as far back as possible. As you are uncomfortable with me pruning the tree, I want to avoid you having to constantly have to pay out so it makes sense to cut the branches back as far as possible so they won’t grow back within a few months time.

And also to consider cutting the sides and top to firstly allow me to have more light and sun in my garden. And also to ensure the tree is kept at a safe size.

My intention is not to upset you at all or cause conflict, it is so that my daughter and me can have a good quality of life and to ensure we are safe above everything. We love our garden as much as do you do, and sitting in the garden with a cup of tea and the sun on our face is one of life’s pleasures.

I hope this does not cause upset and I certainly do not want our relationship to suffer. I more than anything want to live next to you amicably and happily! 😊 x

I think you're a mug not cutting back k the tree to your boundary

If she doesn’t react favourably to your overly kind message, just cut the branches back to the boundary.

Here just for this one, that's what I think. I'm going to give it a few weeks, and if she doesn't do anything about the tree I will get the tree surgeons round. I'm trying to take the nice approach first!

It’s a very sweet and polite letter but quite honestly, I don’t want to sound rude, but I agree with the PP, I think that by not cutting back to the boundary (which you are absolutely 100% legally allowed to do) you are making yourself sound weak and a pushover and giving this woman the green light to take advantage of you I think.

Cut the damn tree!
Not the whole thing but the overhanging branches encroaching on your side.
Chop them back to the fence line!

Much too diffident imo. She already knows it's impacting your quality of life.

Any that crosses your boundary line you are legally allowed to cut back. You are just required to offer her back the branches. Google this if you want to check - there are plenty of garden law websites that will advise.