Neighbours' tree - who should pay?

[WantedtobecalledDaisy]

Hi, I am building up courage to speak to a neighbour about their holly tree which blocks all the light at the back of our garden. It has grown so much over the last few years that it really affects our light now. I am going to write a note because I prefer to give them time to think about it than to spring it on them and expect an immediate answer. My question is - would you offer to contribute to the cost or do you think we should offer to pay the whole cost? Part of me thinks we should pay because it's us who wants it done but another part of me thinks it is part of general maintenance of their garden and trees and it's reasonable to split the cost. What do you think?

Mummyshark2018
You are allowed to cut back branches that overhang your garden. Legally you are supposed to give the branches you cut off back to the neighbour/owner but this could cause problems as they will need to dispose of them.

Thanks for some useful thoughts here. I take your point on the letter versus conversation. I just didn't want to put them on the spot but maybe a conversation is better. Offering for us to organise it is a good suggestion too.

Dottierichardson, I have no idea how you've interpreted my previous comments to suggest I think I've got the right to make them trim the tree! I already said above: "I know they don't have to do anything at all. I'm not suggesting they have a legal obligation or that we have any rights to make them do it. If they don't want to cut it at all, then of course that's up to them and I'll leave it at that."

Re other questions:

• The tree does not really overhang our property - I'm not bothered about leaves or branches, just the light (although prickly leaves are a right pain for the kids in the summer!).
• From the layouts of our gardens, I don't think the tree gives them any particular privacy. The fence at the back of their garden is already above my head height and the tree is about double that. But it's up to them if they really don't want to reduce it.
• We're not in a conservation area.

I keep reading contradictory things about when holly should be pruned. Some websites say this is the right time of year; others say Autumn

Thanks for all your thoughts

Whatever you do, consider talking to them rather than sending a note or letter

I know you are coming round to it, but I'm going to reiterate this. A note is always ruder than asking in person.

If their tree is encroaching onto your garden and blocking out your light then they should rediffusion this and you shouldn't have to pay. How very rude they would be to say they didn't care and it wasn't their problem. But if you want to keep on their good side you could offer to pay towards the costs. If I were then I would be embarrassed that I had been spoiling your garden for you and would fix it myself without asking you for any money. It is their tree.

Rediffusion? What a spell check! I meant rectify.

We had massive leylandii in our first house we couldn't afford to get cut. I visited it for work reasons and they are barely 10 foot now having been massively lopped. If our end of garden neighbour had offered to pay or go halves we would have jumped at the chance. If you don't ask (politely) you don't get.

If my neighbour offerd to pay for our tree to be chopped down/back I’d bite their hand off too! We’re planning on doing it but our wreck of a house is eating up all our money so realistically won’t be able to do it for another couple of years.

Also to counter the general consensus on note vs face to face chat I’d personally prefer the note, I’ve got young kids and it’s a fucking nightmare when people just drop round to chat, especially if I need to think on the spot in the middle of cooking dinner/breaking up a fight/trying to get homework done.
A polite note with a mobile number would be far better for me, I could think it over, chat with husband etc in my own time. If you know your neighbours at all have a think which way they might prefer.

And yes, for nesting reasons the tree would have to be chopped down October-Feb I think, but no harm sounding them out now.

Just because some people have unwieldy trees they’re dying to be rid of but don’t want to foot the bill for it doesn’t mean it’s the case for everyone.
Op said the tree isn’t causing it’s owners any problems; they’re very likely happy with it the way it is.
She also says it’s not overhanging her garden, so it’ll be closer to the owners house than it is hers? Light can’t be that much of an issue if the owners aren’t bothered.

I care more about trees than neighbours. Leave the tree alone.

Why would they pay towards something they don't need and don't even know they want yet?

Because like some of us, they might want to be decent people and not adversely affect their neighbours?

This is quite a useful link about right to light and trees. But I agree a polite note with the offer to pay is probably the way to go to start with. Holly trees are a bastard to prune which may be why it's got so big - the offer of someone else doing it may be very popular with them.

She also says it’s not overhanging her garden, so it’ll be closer to the owners house than it is hers? Light can’t be that much of an issue if the owners aren’t bothered.

Not sure how you come to that conclusion. Neighbours garden might be at a 90 degree angle to OP’s so the tree could be 100 feet from the neighbour’s house but only 10 feet from OP’s. In which case it could certainly be impacting OP’s light but not the neighbours.

Well, the op does say the tree is at the back of both their gardens, but I suppose they could be vastly different lengths.

Our NDN came round and trimmed the trees down and had a bonfire for us.We bought them a bottle of gin.
Go round and speak to them and offer some money if needed or to DIY, it wont be much to trim a bush anyway.

We moved into this house and it had a 30 foot silver birch in a weird place in the garden. It encroached on the lawn and shaded a part of the garden so we decided to have it removed completely.

Tree surgeon came round and removed it.

After we did it the neighbour came round to thank us as it had overshadowed their garden and the previous owners had refused to remove it/trim it down. The tree offered no privacy to us or them, was pretty but ridiculously tall for the setting.

OP I would put a note through the door to allow them time to discuss it, but also saying you will call round. In the note I would offer for them to see the light it blocks as often people don't realise the impact for their neighbours. Holly bushes/trees are awful for children. I have one but it is in the front, not the back garden.