Border tree issue

[MrsY]

We moved into our house about 10 months ago and were full of plans specifically about sorting out our garden, including trimming/cutting down a number of trees and putting up a fence. Unfortunately, the money ran out before we had achieved most things on the list.

Our neighbours were aware of our plans, and were more than happy with them - we had the impression the previous owner was very tough to talk to, and wanted all the trees left.

A while ago, the neighbour offered to help trim/cut down some of the smaller ones, and we gladly took him up on it, although he went a bit further than we wanted and so our garden became very exposed on that side.

On Sunday morning, we heard a chainsaw going and my husband went outside to see what was going on, he found a couple of guys up in the tree cutting off branches. We had to go out to my nieces birthday party, and so didn't see until we got home, that the tree had come down completely. This wasn't what we had wanted, so I was a little hacked off, but didn't want to make an issue of it.

About twenty minutes ago, our neighbour came round and started mentioning the tree, saying that the guys who did it were friends of theirs who had done it off the books and so it was only £200; she had paid it, but was happy to go halves. I did mention that we hadn't wanted to cut the tree down but she said that it was rotten, so had to come down. I explained that with Christmas coming up, and the fact that I'm pregnant, money is tight and we don't have a spare £100, especially when we hadn't had any notice about this.

I'm really worried about this now - I'm working reduced hours at the moment because my morning sickness is so bad, and the only money we have we are saving to make sure we have what we need for the baby.

But at the same time, I don't want to piss off our neighbours, especially if they think they were doing us a favour.

What am I going to do?

Do not pay them a penny!!!! I would be livid if someone went ahead and did that anyway, let alone ask for money before it had been discussed!!! Were the trees blocking off light into their garden by any chance??? Seems like they saw an opportunity and took it!!! Why the hell couldn't they mention it to you before going ahead and chopping it all down???

We have a massive old oak tree in our garden (its protected) that has a massive ivy type thing growing up it which covers most of the trunk/branches. I actually like it as 1) there is loads of wildlife in the tree inc bats and squirrels and 2) its evergreen so there's some colour in the middle of winter. Not long ago my DH walked into the garden and caught our neighbour (house from behind us that we hardly know!) IN our garden about to saw the main stem of this ivy plant thing!!!! They said they were going to let us know once they'd done it and were doing it as they felt it was affecting the tree! DH told them to leave it alone and phoned the tree preservation people who said that if anything the plant was holding the tree together and about all the wildlife!!! I can't believe people would do things like this, its not as if we were out when they were going to do it!!

It did block off quite a bit of light, yes. Maybe they just thought we'd be happy.

She did say that she tried to talk to us but we were never in - well, we have a four year old daughter, so at least one of us is in every evening... I'm really annoyed, but I don't want to fall out with a neighbour. Eeep.

Well, legally, they had no right to cut the tree down to the ground unless you had agreed that beforehand with them. They can take branches back to your common border, but nothing else.

Given that (but mostly because you are strapped for cash) I would politely refuse to pay, on the grounds that you had not agreed this action in advance, nor would you have done so if you had known the extreme they would go to. The 'rotten' excuse is just that, an excuse.

Be polite, and thank them for their offer of help, but firmly remind them that they had offered to help, not to arrange a paid-for service.

They just wanted to do what benefitted them! I don't believe for one minute that they did it to do you a favour! Just say you don't have the money because of the baby and that you would have told them so if they'd asked!! Don't feel bad, £100 is a lot of money to anyone!! It's not a tenner that you wouldn't miss!!! They're taking the piss!!

....meant to add, I speak as a tree-felling neighbour (with my neighbour's permission).

Because his conifers were getting too tall for me to trim the branches back to the boundary I hired a tree surgeon. I spoke to the neighbour out of courtesy, and he mentioned they were too tall for him to trim. I offered to foot the additional bill for the height lopping off as I had also wanted them reduced but knew I had no legal right to do this.

So, my tree surgeon = my bill to pay. In your case they have benefitted from a lighter garden so should probably morally foot the whole bill.

Sorry OP, i'm not quite clear, was it a tree in your garden, or theirs? Or on the boundary exactly? If it was in your garden, and not overhanging theirs then they had no right to touch it without your express permission. If in their garden then they can do what they want, but shouldn't expect you to pay anything. If the trunk of the tree is on your side of the fence, but near the boundary then they were within their rights to cut back to the boundary but no further, and they should have asked your permission out of common courtesy. If the tree trunk was exactly on the boundary and half and half in each garden then it would have been shared ownership and they should have asked you before cutting it down, and you shouldn't have to pay anything.
Agree with prev advice, tell them nicely that you don't have the money and if they had asked you could have told them this.