Neighbours and issues with trees

[Earlybird]

I've two tree-related issues that require Mumsnet wisdom please:

1. Neighbours on one side of my garden have huge old trees with large branches that keep that area of my garden shaded most all the time, which in turn keeps the ground moist/soggy, and makes it virtually impossible to grow grass (or anything else) there.

Also in autumn, the leaves that fall from the trees into my garden require significant work to clear. The leaves also fall on my roof, and clog roof gutters/downspouts - which if left untended would eventually cause damage to my house/roof. So in order to avoid maintenance problems, I must hire someone to clear their leaves from my roof/guttering/downspouts several times a year.

Presumably, if my neighbour agrees, branches that overhang the fence could be cut back - but would it be completely at my expense?

1. Another neighbour (this one at back of the garden) has a tree growing very close to the fence that separates our property. The fence runs along the property line and was installed, and is maintained by me.

I asked about removing the tree 4 or 5 years ago when it was quite small, and neighbour declined as he said his daughters liked to climb it (don't know about that, as it was not much thicker than a person's wrist. ). Now, the tree is bigger and taking it down is logically a bigger (and more expensive) job. The tree has grown taller/thicker (as trees are wont to do!), and is almost touching the wooden fence. If left much longer, the tree will begin to push against the fence as it grows, which will eventually compromise the fence.

What are my options where this tree is concerned? If it is agreed that the tree will come down, who pays? If my fence is damaged because the tree is not taken down, who pays for the repair?

Thanks for advice.

we have a tree that is similar to your point 1 that is in our garden, our neighbour is paying for it to be cut back.

we will be paying for our side other neighbours overhanging trees/bushes/grapevine to be cut back.

hth's

Thanks for your advice and confirmation.

I suspected that it would be my £ for the overhanging tree described in point 1. Even though the tree is bothering me/my property (and causing me to incur expense), it is not bothering my neighbour.

Interesting how these things work.....an extreme example: a few weeks ago, a neighbour's tree blew over in a big storm and fell on part of my cousin's house. It is my cousin's insurance that must pay to fix her damaged house - not the neighbour's insurance!

any overhanging branches from our neighbour's ugly tree we are able to chop off ( and do gladly) haven't had anyone in, we just lop off the brances ourselves.

I think if overhanging branches are in your property you are at liberty to cut them. It is good neighbourliness to let the owners know you are doing this. I believe though i could be wrong that as they are hers you can 'give' them back to her, but i don't think this would be appreciated.

I think there is advice here on the planning portal about trees and fences and who is responsible for maintenance and action.

HTH

bluerodeo - do you notify neighbours first, or just do it? If you just do it, presumably you have some sort of understanding with your neighbours about this sort of thing?

I wouldn't be able to just do it, even if I wanted, as these are above the roof line, so will require someone to climb up. Also branches are too large to simply let them drop to the ground - they'll have to be lowered via ropes.

Would the trees in pt 1 be likely to have preservation orders on them? In which case the council might have to be involved. We moved recently and there had been an issue with a tree in next doors garden that the previous owners of our house wanted cutting back. They had to have permission from council and the owner of the tree eventually paid for it but the council had to inspect it

no, preservation orders not an issue with trees in question.

OK but also on the site it gives info about some regulations governing fences

You might want to look at putting mesh covers on your gutters to stop leaves falling into them.

earlybird - yes years ago we knocked and asked if we could cut the ones that were overhanging on our side - no problem. we initially asked if we could pay for the tree to be pruned back but he said no. fast forward a few years and the tree hardly has any branches our side, and full to bursting on the other. would have been much better for the tree to have been pruned back all over.