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.

I think people are being naive about dealing with heavy off cut branches. It’s not a bag of twigs you chuck in the boot.
you will have to pay for disposal if tree surgeon takes them.

Are you in a conservation area? If you are, you have to apply to the council for permission to cut anything, even small branches. If not, all other posters are correct in that you can cut up to her boundary and offer the branches back. You don’t have to seek her permission though I realise you are trying to be neighbourly etc.

It’s easy enough to cut tree boughs into shorter lengths and take to local refuse centre.

i did that this summer, using just a handsaw and I’m nearly 60!

Your neighbour isn't being selfish. She just doesn't want to cut her tree down on her side. So just go ahead and legally remove what's overhanging - you came on here posting how you've been asking her to cut it down, prune the entire tree etc. She doesn't have to and she has told you so once but you have said you have kept asking her. Why? Why are you harassing her so much?

You should of stopped when she said no the first time and then said okay well I'll be trimming overhanging branches and agree if she wants them or not.

That should of been the end of it and by now you could of had a functioning garden instead of dragging it out by trying to get her to sort out the entire tree. when you have no right to make her do that.

Honestly just flipping trim the overhanging branches and get on with your life.

I would love a big tree like that in my garden or neighbours garden - all of my neighbours seem to hate nature and any kind of greenery.
I used to have lots of birds and privacy in the garden and now it's so stark since younger neighbours moved in and chopped down all of the trees in their gardens. Yes I get more light and sun but who really wants that after the summer we've just had and inevitably future summers to come. I'm planting fast growing trees in mine but I doubt I will see them fully mature. It's a privilege to live close to a beautiful tree like that and there's nothing better for absorbing pollution, thus protecting your child. I realise you're not wanting to cut the whole thing down but I bet if she moved or died and new neighbours came in and chopped it down, you'd be pleased. It will look really ugly.

Any tree can have a TPO. You can check online if you search your planning department and they usually have a map.

If she’s cut it herself it’s highly unlikely it has one as they don’t allow random all over trims. It’s usually very specific work, signed off by the local tree officer after a recommendation report by an arboriculturist.

But I would check as that’s a huge fine if it’s true.

Stick to your month deadline, the minute the nests start being built your going to have to wait til next winter! That is an offence in Scotland anyway.

Where are you positioning your fast growing trees in your garden? If it's at the edges so that when they grow,they will end up overhanging your neighbours gardens then that's a really shitty thing to do. If you want trees in your garden then hopefully you are choosing trees that will grow within the confines of your own garden.

I've planted a few large trees in my garden but they are far away from the fences plus I keep on top of pruning/crowning etc

There's definitely no TPO. I had to check for my extension.

Why don't you rake and bag the leaves if they are damaging your lawn and you can't walk out there?

You will have to do that anyway even once it's cut back, not as much, but you will still get leaves.

Op you are much nicer than me - I often trim / cut my neighbour's tree / bush branches when they grow over our fence - never asked them and they have never said anything.
Maybe because we do it regularly it is not so noticeable?

Cut it back quickly. It's easy to apply for a TPO and that will stop you pruning it back altogether.

Don't wait for a month. Just get on with it quickly.

Op, while you absolutely do have the right to cut the tree back to your boundary, a pp early in the thread made an important point.

Cutting the branches back must leave the tree safe, it must not kill the tree or damage it, leave it unbalanced so that it would be more likely to fall.
If the tree is as large as you say, then cutting half of it off on your side may well cause that type of damage. So I would be sure to get advice from your tree surgeon on Friday

But she actually said she would prune when the leaves fall, which is practically now. I don't see the problem.

You can cut back the branches to your property boundary. It’s the right time of year now to have this work done. Don’t leave it till the spring or it won’t be doable during the nesting season.

You cannot demand that she reduces the height or width of the tree. You knew full well that the tree was there when you bought the house and you do not have a legal right to sun.

Hornbeam trees retain their dead leaves right through the winter. If she’s waiting for the leaves to drop it’ll be spring, and that’s a bad time to cut the tree. It’s better to cut it now while it’s dormant.

She's right though. You bought a house with a massive tree next door and now you're you're trying to bully her into cutting it down.

I have exactly the same tree growing on the pavement a metre from my fence. My garden is not waterlogged at all. I would get someone to look into drainage on your property.

I have exactly the same tree growing on the pavement a metre from my fence. My garden is not waterlogged at all. That’s a good point. The tree will be extracting a lot of water from the ground. If it is cut back severely, it will need less water and may exacerbate the waterlogging

My issue is providing a garden which is safe for my young child to play it. The tree being tall doesn’t automatically make the garden less safe. If you are that concerned, perhaps you should not have bought a house with such an obvious “danger”

There are different types of hornbeam and trees grow very differently depending on where they are planted and how they are maintained. It's silly to suggest that just because one hornbeam tree is ok that the OPs one will be.

Hornbeams are generally not the worse trees to have in a garden but they are big trees and are not suitable for small gardens.

I also find the argument that the tree was there first so the OP can't complain is ridiculous. If you have trees in your garden it's your responsibility to make sure you maintain them and minimise the inconvenience to neighbouring houses.

I've big trees in my garden and I pay to have them maintained.

If only, thanks this is precisely what I thought my too.

And to set the record straight. I have not asked her to cut the tree down. I'm asking her to reduce the overall size of it to allow us some sun and to also cut the branches off my side which I'm entitled to.

My neighbour has a responsibility to maintain her massive tree and keep it off my property. If she doesn't want me to prune it then she needs to pay up yearly to stop it encroaching on my side.

when we moved into our house there were 2 trees in our garden.

One has since grown to double the size and we have had it pollarded.
Whatever was there before doesn't really matter, as trees grow!

@Cherryblossom200 you've been TOO considerate of her wishes so far.

I would send her another message to say if she doesn't get it significantly reduced & the branches on your side removed by the 15th of December, you will & you will send her the invoice to pay.

it's NOT you that's creating a situation where you might fall out, it's HER.

@steppemum would you min saying how much your tree cost to get pollarded? My friend needs around 5 done and the price per tree is eye watering! She's had a couple of quotes, and I know it'll vary depending on location, but it feels like the local ones are in cahoots!!

While the OP is absolutely entitled to cut the branches overhanging her garden, it will be at her expense.