Neighbours tree - storm concern

[Cherryblossom200]

Hello,

I'm just looking for a bit of advice please. My elderly neighbour has a horn beam in her garden, she is very attached to it and protective over her tree.

Our houses/ gardens aren't huge (only little two bed properties) and it towers above our houses. I have a recent extension and it's about 3/4 meters from the start of the extension. Even without the extension it's still uncomfortably close to the house for a tree of that size.

I know the previous owner of my house had numerous arguments over the tree, it casts a lot of shade, and we get a lot of leaves in the garden from it. But I don't mind that so much. It's a very pretty tree and I love nature.

My main issue is its size and the damage it would do should it fall on our houses.

She isn't talking to me because I asked a couple of years back for it to be made smaller. A lot of branches overhung into my garden. And it had got too overgrown. She won't allow me to get my own tree surgeon in to trim it (on my side) however she gets annoyed I request getting it made smaller. Too be fair the tree was pollarded really well and it's isn't 'quite' so big.

However with all these storms I still am concerned about it falling. I was watching it today and it was sort of swaying about. Nothing major, but enough for me to wonder just how sturdy is it in these winds.

What are my rights in terms of a neighbours tree? Can I get it checked to see if it's healthy etc? My neighbour will hate me, but I honestly don't care. I care about safety more.

Any advice would be great. Many thanks

Tree surgeons are good at cutting trees but they are not experts in the health or otherwise of a tree, you need an arborist if you think the tree is unsafe.

However, as the tree isn't on your land, then it would be a visual inspection only, unless your neighbour allowed the Arborist onto her property.

Fwiw Hornbeams are generally considered a strong tree to resist wind etc.

An approach i took with a horrible neighbour who would do nothing about Sycamores v close to my house was to inform him that as i had warned him about the trees and told my insurance company, should they fall on my house, he would be liable... he very quickly agreed to go 50/50 on cutting them down.

It isn't the tree's fault that the OP has built an extension too close for comfort, is it?

This makes no sense at all. If you honestly and truly believed this tree was too close to your house for safety, then the last thing on God's green earth you'd have done is build an extension even closer. Or were you trying to force the issue? I'm team tree.

Oh my god, team tree 🤣 what are we 5 years old.

Even without the extension the tree is far too close to our houses. When the houses were first built the tree wouldn't have been quite so big.

I don't actually want it cut down contrary to what you all think. I just want to know that it is safe. I have a young child and her safety is importantly to me.

I love trees, but I honestly can't believe people arguing you shouldn't have extended your house because of your neighbour's tree. Large forest trees like hornbeam aren't really suitable for planting in standard gardens, particularly as people tend to plant them right on the boundary without thinking about how big they'll get and the impact on their neighbours.

That said, if the tree is youngish and has been pollarded in the last couple of years it's unlikely to pose a safety concern. If you want to arrange a tree surgeon to cut any branches that overhang your garden you are absolutely within your rights to do so and the neighbour doesn't have to 'let' you. I would politely inform her that it's happening and ask her if she wants the trimmings back.

She can’t stop you, if they are hanging over your garden you can just get it cut from your side, you don’t need her permission.

Thank you! I agree! I absolutely love trees, plants, flowers etc. I watch endless episodes of Gardeners world and spend more time outside than in. I created the extension so that I could enjoy the garden more! However the garden, trees, plants etc also need to be safe and appropriate to the size of the garden. This should always be considered. And so should peoples lives!

The only way to guarantee a tree won’t come down in a storm would be to cut them all down.

We have all our trees professionally inspected and tagged on a rolling basis. Inevitably the ones that do come down in bad weather are the ones that were declared to be in good shape and not posing a risk.

We frequently have neighbours complaining about trees that they identify as posing a risk but they are all subject to TPO’s so I’m always slightly baffled as to what they expect us to do.

My neighbours tree doesn't have a TPO. I checked when I did my extension.

building the extension isn’t an issue but retrospectively deciding that she has rights over a healthy , recently inspected tree in a neighbour’s yard is cheeky as fuck. It is clear OP knows nothing about trees (despite key keen viewership of GW) and is fixated on catastrophe scenarios. if recent pollarding and inspection are not sufficient for op, what really is going to give her peace of mind other than cutting it down (which she claims is not her goal)? The absolute risk that a healthy tree is going to pose a risk is very very small, but will never be zero.

The advice to take matters into her own hands and trim all overhanging branches is also terrible - if taken too far it has the possibility of harming an otherwise healthy tree and actually making it much more dangerous than it would have been if left alone.

😒
Actually, I'm Team Planet.

In its own small way, that tree is helping to delay the inevitable extinction of the human race.

Not if it unstabilises her tree.

We have a lot of very large trees. Trees are supposed to move in the wind. The ones that don't are actually far more likely to come down.

I think "cheeky as fuck" is a pretty strong phrase to use. It's pretty clear that the neighbour's tree is causing a nuisance in law and she's refusing to discuss how this could be addressed. I don't think anyone is assuming the OP is going up a ladder to hack off major branches, she would be advised to consult a qualified arborist or tree surgeon.

It isn’t clear that it causing a nuisance to anyone but op. Did you miss the bit where it HAS been inspected by a tree surgeon within last 2 years? It sounds like tree’s owner has been quite happy to engage (tree surgeon, pollarding) but op doesn’t think that’s enough.

It’s a hornbeam and it was inspected a couple of years ago. Leave it be. They are strong, sturdy trees, a benefit to your local wildlife and very beautiful as well.

We have one nearby as well. Magnificent native trees that deserve to be valued more.

I don’t think you understand the law on nuisance. Overhanging branches dropping leaves are by definition a nuisance if someone is bothered. It’s perfectly possible to cause a nuisance that only affects one person.

All I wanted to understand if how do I find out if a tree is safe. What do I need to do. Am I not allowed to do that?

This is the downside of MN. People just love a rant 🤣 I can't be bothered to try and defend myself because clearly some people just want to have a bit of a good old fight 🤣