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Original poster

Does anyone know where we stand legally re. tall tree at end of garden

37 replies

SleepFreeZone · 21/05/2017 11:56

Neighbour wants us to lop it as they say they keep getting branches in their garden in high winds.

It's a very tall Poplar, it sways beautifully in the wind as the wind blows through it so it's not at any risk of falling and doesn't impact their light but are we under an obligation to keep trees under a certain height?

Does anyone know where we stand legally re. tall tree at end of garden

OP posts:

wowfudge · 21/05/2017 14:09

Have it reduced by a tree surgeon. Otherwise you risk a falling branch hurting someone or damaging their house. It looks to be considerably closer to your neighbour's house than yours. I'm not sure it has been planted in an appropriate location tbh.

LaFlaneuse · 21/05/2017 14:16

What a beautiful tree.

We always get loads of birch twigs in our garden when it's been windy from next doors old and massively tall many-branched birch, and annoying seed drift etc, but it's a lovely tree, who'd begrudge a bit of time raking up twigs in exchange for the pleasure of enjoying it?

Don't lop it! There's no legal obligation and your neighbour is being ridiculous.

Bunkai · 21/05/2017 14:19

I'd be worried about the impact of the roots on my property if I was your neighbour. Have they said anything about cracks or just the branches?

xandersmom2 · 21/05/2017 14:57

We're tenants, our landlady is elderly and absolutely refuses point blank to allow anyone to touch the trees in our front or back yards; we have 5 enormous oak trees in the front, and several very tall conifers and birch trees in the back.

All the neighbours around constantly complain to us, we pass along the complaints to the letting agent who ignores us. At one point (2 years ago) the landlady came back with 'I'll pay for a skip if you want to trim them, but only trimming - no lopping'; as we're not tree surgeons and don't much relish climbing up 60-foot trees (and having to worry about personal injury as well as accidentally dropping chunks of tree on the neighbours or their property), not to mention truly not seeing why we should take time off work to do this, we declined...!

During that big storm a couple of months ago, a whopping great branch came down off one of the trees in our front yard and clobbered my car good and proper - made a hell of a bang, lovely big 'ding' in the bonnet and scratches galore in the paintwork. I wasn't amused. Neighbour on one side took the branch (as we had no clue what to do with it) and it fed his open fire for quite some time! Reported it to letting agent - nada.

Anyway, my point (and I promise there is one!) is that whether or not there's a legal position, there needs to be some consideration for possible damage to others' property, or even personal injury. It might be worth at least having a tree specialist come and review it and tell you whether it needs any work doing. Otherwise, if it does come down (or a chunk of it falls off onto someone's car/shed/greenhouse) you could end up being liable for a hefty repair/medical bill. Of course, tree person might say it's absolutely fine and then you can wave that at the neighbours.....

RandomlyGenerated · 21/05/2017 14:58

What kind of poplar is it and how tall is it? Poplars are high water demand trees and can affect foundations if planted too close to buildings.

GardenGeek · 21/05/2017 15:04

This reply has been deleted

Message withdrawn at poster's request.

Allthebestnamesareused · 21/05/2017 20:14

Xandersmom - you do realise you should have claimed for your car repairs from LL's insurance don't you?

xandersmom2 · 21/05/2017 20:33

Allthenestnamesareused (great name btw!) - yeah, we toyed with the idea. I was beyond mad - my car isn't exactly new but I take care of it and most of all I was upset that we had mentioned these flippin trees a hundred times (and we know that at least one of our next door neighbours has complained directly to the letting agent twice).

In the end we gritted our teeth and got on with things, as we're in the process of trying to find somewhere to buy ourselves and really didn't want there to be a huge fuss and risk the LL giving us notice to move before we're ready.

One of the trees is grown all around, and leaning into, the power cables and wooden pylon thingy at the end of our drive. When the wind blows and the tree moves, all the power cables are pushed all over the place. Waiting for the power people to come and complain...!

tigerdriverII · 21/05/2017 20:36

Poplars don't last. If your tree you need to deal.

We took down a huge field maple in our garden a few months ago and it's made a massive difference, and cost about £300 for tree fellers to take it all away in about an hour.

ChunkyHare · 21/05/2017 20:44

Unless you are a tree surgeon you cannot be sure that your tree is not at risk of dropping large branches or falling down.

We had 3 trees removed and it didn't cost a huge amount of money. I would at least get the opinion of a professional. It must be quite worrying for your neighbour having the risk of the tree without the possibility of control of that tree.

It does look to be twice the size of the house behind.

You can have a crown reduction it doesn't necessarily mean they just lop the top off horizontally.

Asteroid2000 · 21/05/2017 20:51

You are not obliged to reduce the height of the tree. You may want to check out the forums on the Gardenlaw website if you have any questions about the legal aspects of trees - it is a very informative website

Original poster

SleepFreeZone · 21/05/2017 20:54

We are not fussed about the tree particularly, it's the cost of having it reduced. DP has said if it's a couple of hundred we shall pay for it. If it's more than that we are going to ask them if they will help with the cost. I know they certainly used to do that with previous occupants.

My friend and her husband have a tree surgeon company and she's going to give me an idea of cost tomorrow.

OP posts:

crisscrosscranky · 21/05/2017 23:13

I think you would be unreasonable to ask your neighbours to contribute regardless of cost- the tree is your responsibility to maintain not theirs.

mammmamia · 21/05/2017 23:21

Agree you cannot ask them to contribute and the law is pretty clear on this should your tree injure someone or damage something.

SnickersWasAHorse · 21/05/2017 23:30

cost about £300 for tree fellers

That's £100 each!

........I'll get my coat.....

SnickersWasAHorse · 21/05/2017 23:33

Anyway. We have a willow and to get that cut back for the first time cost £1000. Now we'll get it done more frequently so hopefully it'll cost less.

HopeClearwater · 21/05/2017 23:40

SnickersWasAHorse

PS your garden is gorgeous.

PineApp · 21/05/2017 23:59

DP has said if it's a couple of hundred we shall pay for it. If it's more than that we are going to ask them if they will help with the cost

I think it would be really cheeky to ask them to pay! It's your tree.
I wonder if your Nieghbours have sensibly pointed out the risk of potential damage by your tree just in case something actually happens.

I love trees and have some big ones in my garden. I get a tree surgeon out every few years so he can keep them in check. I think your popular is the wrong tree in the wrong place.

Id save up and have it looked at at. Don't be shy to cut it down completely and replant something more suitable - I cut down some huge ugly evergreens and replanted with smaller prettier trees

notangelinajolie · 22/05/2017 00:17

Stand up for yourselves and keep the tree. It is stunning and if you bow down to pressure and have it chopped down /pruned I fear you will regret it. Our neighbours at the back persuaded us to chop down the most stunning silver birch tree and now all we have is a huge gaping gap. We can see them in their bedroom and they can look right into our living room. I feel like I'm living in the Big Brother house and I hate hate hate it. And it's not only privacy that we have lost - now the tree has gone we can no longer sit on our sofa which faces the window as the sun is is really blinding. The neighbours we never saw are now in full view all the time. From someone who is gutted - don't do it.

bojorojo · 22/05/2017 09:04

This poplar is not attractive and it is easy to replace with something better that will not grow to 50 ft . A poplar is narrow and not very attractive. You will have big bills if it falls on their house and you have been negligent. I would definitely get a professional to advise. Not all trees should be saved if they are inappropriately planted in smallish gardens.

titchy · 22/05/2017 09:18

Legally you can do what you want. Legally if it causes them any damage they can sue your asses.

Your choice. Do the responsible thing.

Original poster

SleepFreeZone · 22/05/2017 10:25

Hopefully we'll hear back from my friend today and I'll update. We are looking to move in the next two years so i guess it might be someone else's problem soon enough.

OP posts:

Original poster

SleepFreeZone · 22/05/2017 10:30

JUst heard back and I won't know till the end of the week as they need to come out and look at the big bastard 😩 Will update end of the week 😬

OP posts:

user1495445015 · 22/05/2017 10:33

Legally if it causes them any damage they can sue your asses.
Do the responsible thing.

bojorojo · 22/05/2017 12:07

Someone else may not want the problem! It could well turn up on a survey as boing a nuisance that has to be dealt with. They may not buy your house. They may reduce the asking price - so just deal with it and stop handing it over to others! The other house doesn't even have windows looking at you from the photo.

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