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Neighbours have asked us to chop down our tree.

36 replies

RibbonJar · 04/10/2014 21:06

We are putting our house on the market soon so told the next door neighbours about our plans. They have asked us to chop down a tree that is just on our side of the fence. It is about 20ft high and the branches extend about 10ft all around. It is one of the few nice features in an otherwise uninteresting garden. The blossom in the Spring is beautiful.

Unfortunately the tree blocks the sun from part of their garden for most of the afternoon. We have offered to get it trimmed but they think it will grow back very quickly and want it removed completely. I can understand their point but don't want to chop down such a beautiful tree even though once we move we'll never see it again. I also think it makes the garden more appealing for sale purposes.

So, I would appreciate some advice on whether we should we chop it down for them or leave the decision with the next owner.

OP posts:
traviata · 04/10/2014 21:09

do not chop it down, it is likely to be an asset for any purchaser.

Trees are essential for wildlife, they make the area less arid, keep the air fresher, and on a larger scale trees keep us alive.

There are plenty of ways to enjoy a shady garden, and you say it only shades part of their garden, so they do have sun as well.

EBearhug · 04/10/2014 21:09

Have you checked with the council whether it's got a TPO or anything?

LIZS · 04/10/2014 21:14

Nope keep them . We've had this and did compromise by taking one down and pruning 2 mature ones.

Pico2 · 04/10/2014 21:16

Keep it - you can promise you'll get it trimmed regularly as you will, for as long as you own the house.

RibbonJar · 04/10/2014 21:16

Thank you traviata - that's exactly how I feel about it. Good point EBear, hadn't thought about a TPO. It would solve the issue if there was one.

OP posts:
RibbonJar · 04/10/2014 21:30

Thank you for all replies. You are helping me to convince DH that it would be wrong to get rid of the tree.

OP posts:
GColdtimer · 04/10/2014 21:51

I understand why everyone is saying don't do it but our neighbours tree completely blocks our light for the whole afternoon and it really, really upsets me. They won't prune it or cut it back.

I would show willing by cutting it back now so would be buyers see a smaller tree.

EBearhug · 04/10/2014 21:55

I too have a tree which cuts out most of my light except in the height of summer, and I would be very happy if Network Rail decided to cut it down when they cut down other trees along there, as a letter recently told me they're planning to do. But I can live with it if they don't.

Clairej81 · 04/10/2014 21:57

I would offer to prune the tree as your OP. Maybe invite them round when it is being done so they can have some input. It might be the case that removing a certain branch could make a big difference and resolve the issue.

Just be careful that it does not escalate into a dispute as you would have to declare this when you sell your property. Also, if your property is in a Conservation Area, you would need to notify your Local Authority if you intend to prune or cut down the tree.

RibbonJar · 04/10/2014 23:01

Very good point about not letting this escalate into a dispute ClaireJ81. I hope that if we cut it back enough they'll be happy.

OP posts:
georgedawes · 05/10/2014 11:37

I'd cut it back now as it's a good time for it and it shows willing too.

ghostisonthecanvas · 05/10/2014 11:44

is tjere another spot in the garden for a nice tree? I would say yes to the neighbours if they agree to buying a fairly established tree you can plant elsewhere. Usually about £60. Also, point out that there is a cost to cutting the tree down and ask if they are willing to contribute to that too. During negotiations also point out that you are devaluing your garden.

Lucylambkin · 05/10/2014 12:10

Last December I plucked up courage to ask neighbours if they would trim the top of a huge evergreen which totally blocked out sun in the winter to our garden and house. Answer NO. On Christmas Eve during the storms the whole tree blew down. Best Christmas present ever.

EBearhug · 05/10/2014 13:46

That's what I hope will happen, too.

Nerf · 05/10/2014 13:53

How much does tree cutting cost? Is it a reasonable request?

OwlCapone · 05/10/2014 13:55

I would prune it but under no circumstances would I allow them any input into what is done to it.

FunkyBoldRibena · 05/10/2014 14:01

From part of their garden...how much of their garden? 90% then that might well be an issue, 25% then I'd suggest putting the compost bin/shed under it and using it for shade during the hottest days of the year.

RibbonJar · 05/10/2014 19:36

Thank you everyone for your thoughts and advice. Definitely won't be chopping it down but will look into the cost of pruning and decide from there.

OP posts:
atticusclaw · 05/10/2014 19:40

They can of course cut down the branches that overhang their garden and throw them back into your garden. They you'll have a very lopsided tree that will weaken and could become dangerous in high wind.

What sort of tree is it? I'd be inclined to top it and thin it. It will cost you a couple of hundred pounds.

At this time of year its unlikely to be a massive selling point for your house.

Thecroissantthief · 05/10/2014 19:47

I had to look into this when a neighbour complained about trees in my parents garden. I discovered that a neighbour has the right to chop back tree branches etc. that go over the property boundary into their space, as long as they inform you first and give you back all trimmings, branches etc. What they must not do is kill the trees or bushes. Strictly speaking they could dig down into their lawn and remove roots that encroach on their property, but still must not kill the tree. You are not obliged to pay for cutting back the foliage.

We are always cutting back our neighbour's tree on one side and the other neighbour is always cutting back ours on the other side.

atticusclaw · 05/10/2014 19:52

It is a difficult one. Trees are beautiful but do have to be managed. We have around 2000 and when we bought this house were completely naive about the amount of work needed to manage established trees.

Thinning it and topping it might really help your neighbours. The tree surgeon will remove selected branches so that the canopy is thinner and more light can get through. Topping obviously reduces the height which should give them more sunlight. You can also crown lift (remove branches from the bottom) but I suspect that won't help them.

Bear in mind that if you say no that could result in them being unhappy with you and technically you're then in dispute which has to be declared.

ContentedSidewinder · 05/10/2014 21:46

So legally your neighbour is entitled to cut back the branches overlapping their garden which would, due to the size of the tree, make it unstable for you to then deal with.

They are not allowed to kill the tree but seriously if the tree died then are you going to raise a dispute with your neighbour over this?

It would kill you sale dead because a dispute has to be resolved before any solicitor would let their client buy your house.

You are leaving, so where is the problem with removing the tree? I would be asking for a tree surgeon to quote and then informing the neighbour of this and asking them to pay (but they can hold you over a barrel with your house move)

If you think a tree in the garden sells a house, there must be something wrong with your house Grin

I love trees, when we moved here I had to top one to get a sky signal, lost a beautiful cherry that was diseased (hidden by the hedge so I didn't know,) had 2 huge unstable ones removed and removed a 40ft silver birch which not only put my own garden in shade for most of the day but also my neighbour.

Trees need to be maintained and controlled. Otherwise instead of joy they cause unhappiness. My own tree surgeon said that when trees have outgrown their plot, remove and plant a new one!!

PrimalLass · 06/10/2014 08:04

We have to approach our neighbours about this. We have a tiny garden and there is a tree right on the boundary (pushing at the fence). The branches are 50% over the fence and the tree will look awful if we chop it back to there. But it cuts out the light in one room, is now touching the house, and drops all its leaves onto our patio.

I think we'll offer to pay to have it removed.

LIZS · 06/10/2014 08:11

I wouldn't take it out but agree to reduce height and remove branches overhanging . When was it last attended to ? We have done ours roughly every 3 years but a neighbouring horse chestnut has not had any work done to it since we've been here. I doubt there will be any official dispute either way. They may even find it easier to negotiate with a new owner with fewer attachments to it.

atticusclaw · 06/10/2014 08:29

The issue is what is a "dispute".