Neighbour's tree overgrowing our boundaries

[shedofdread]

Hello

My neighbour has a massive coniferous tree which has grown a foot every year since we moved here. It now blocks most of the sunlight in our garden all morning.

Our last attempt at talking has broken down and she's now pointedly ignoring me. I've decided to get more serious.

I have written this letter. What do you think?

"Dear neighbour,

Re: overhanging branches from your tree

As you know, I have expressed my concerns about the tree growing over our boundary several times over the past couple of years. It is significantly taller than my house and I am concerned it may make it harder for me to get home insurance.

I am going to be doing some garden maintenance while our current building works are underway and birds are no longer nesting in our hedgerows. As part of this, I will be trimming back any foliage that grows over my boundary and have been quoted £x to trim all the overhanging branches from your conifer. The tree and the branches are your property and I can either leave them on your boundary or am happy to dispose of them at my expense.

Alternatively, I have been quoted £y to remove the tree altogether. Disposal costs are not included in this figure and will need to be found by you.

My tree surgeon will be carrying out this work on .

You have two options:

1. I remove all the branches overhanging our boundary at no cost to you.
2. I will contribute £x to the removal of your tree on the same date.

Please let me know how you wish to proceed.

Many thanks

Shedofdread

Hmmm. Not sure that works, sorry. If I was Awkward Neighbour I would just say, "sure knock yourself out maintaining my tree at your expense. "

Is trimming your side going to help? Surely the remaining half of the tree will still shade your garden.

I might rephrase it, "I've mentioned before that your tree is hanging over my boundary, and I want it to be trimmed back before 15 November please. I got a quote for the work, which would cost you £x, would you like me to put the tree maintenance guy in touch with you? Alternatively I'm happy to let you have access to my garden, if you prefer to tackle it yourself. A better solution would be to remove the tree, as it will just keep growing, the quote for that I got was £y. Let me know how you prefer to proceed."

Firstly, you have every right to trim back the bits that grow on your side but a) it's at your expense, b) you must offer the cuttings to your neighbors but they have no requirement to accept or dispose of them and c) conifers look really really bad when side growth is trimmed - the middle is all brown and dead looking and won't go green again.

I'd just get on with trimming your bits and go to the council about it blocking your light if it meet the criteria of blocking access to light as talks have broken down.

@PennyWus

Hmmm. Not sure that works, sorry. If I was Awkward Neighbour I would just say, "sure knock yourself out maintaining my tree at your expense. "

Is trimming your side going to help? Surely the remaining half of the tree will still shade your garden.

I might rephrase it, "I've mentioned before that your tree is hanging over my boundary, and I want it to be trimmed back before 15 November please. I got a quote for the work, which would cost you £x, would you like me to put the tree maintenance guy in touch with you? Alternatively I'm happy to let you have access to my garden, if you prefer to tackle it yourself. A better solution would be to remove the tree, as it will just keep growing, the quote for that I got was £y. Let me know how you prefer to proceed."

That's not quite how this works. Op is responsible for the cost and would just be laughed at by the neighbour.

Pp I would say your letter is fine

I would mention that if her tree caused problems like subsidence to your house your insurance will sue your insurance re the cost
(& someone can rephrase this better than me - but I was told this is the case by my solicitor)

It's not your place to cut her tree down. But you can remove what's hanging over.

Just write the letter telling her you're doing it, and does she want the branches or you to dispose of them.

I was never asking her to pay for removing the branches on my side of the fence. I was offering to pay that money towards removing the tree altogether.

If it isn't clear, perhaps I should rewrite it. What I am wary of is letting my dislike of her come through too badly.

I rewrote the letter:

Dear Neighbour

Re: Your conifer tree growing over our boundary.

As you will remember, I have spoken to you several times about this over the last couple of years. Your tree which has had no maintenance since we moved in nearly six years ago is now considerably taller than our property and blocks the light to most of my garden in the morning. It is now at the stage where I have to pay more for home insurance.

Now the birds have finished nesting for the season and as part of our schedule of building works this year, I intend to remove all the branches from your tree which overhang our boundary. I have been quoted £x for this by a tree surgeon and instructed them to carry out the work on . Legally the branches are your property so I can either leave them in your garden, or I can dispose of them at no cost to you.

You have two options:

1. I carry out the work described above on at no cost to you.
2. The tree surgeon has quoted me £y to cut the tree down on the same day. You would need to pay the tree surgeon directly, however as a gesture of goodwill I am happy to contribute £x to your costs.

Please let me know how you wish to proceed. If I do not hear from you then the overhanging branches will be removed on .

Yours sincerely
shedofdread

Hi OP. Have you heard of the high hedge law? It basically applies to massive connifers like yours sounds. Definitely trim anything on your side, but I think you could be within your rights to go to your local council on this one.

No - I will have a look. Thank you!

Is there no way you can speak to her rather than sending a letter ?
We had a similar problem and offering to go halves on chopping the tree down eventually worked.

I'd be much less formal. It's very officious. If I received that letter I'd think "what a bitch" and throw it in it the bin.

If it really bothers you, I'd offer to cover the full cost of removal.

I think the "you have two options" would really get anyone's back up, it's a dictatorial sentence and unlikely to get your neighbour in the mood to work with you.

Perhaps instead, after explaining about cutting the overhanging branches you could just say:

"As the tree will only continue to grow and cause maintenance issues, you may prefer to have it removed entirely. The tree surgeon has quoted a figure of (£X)..."

We have lots of trees, some with TPOs, that were here decades before the housing estate that backs on to our garden was built. We get the odd neighbour complaining and I always say they're welcome to, and legally within their rights, remove any branches overhanging their boundary, but why should we pay for work that doesn't benefit us? Why would your neighbour pay to have a tree they're perfectly happy with, removed?? If you want it removed offer to pay the full cost.

You’ve already fallen out with your neighbour over this. I can tell you now whatever letter you write her will be filed in the dustbin. Just trim the tree back on your side and investigate the high hedge law to see if you have the law on your side.

@BoxOfDreams

We have lots of trees, some with TPOs, that were here decades before the housing estate that backs on to our garden was built. We get the odd neighbour complaining and I always say they're welcome to, and legally within their rights, remove any branches overhanging their boundary, but why should we pay for work that doesn't benefit us? Why would your neighbour pay to have a tree they're perfectly happy with, removed?? If you want it removed offer to pay the full cost.

^this

. What does the high hedges legislation do?
Part 8 of the Anti-social Behaviour Act 2003 allows local councils to deal with complaints about high hedges whose area contains the land on which the hedge is situated.
When councils are determining a complaint they must first decide whether the height of the high hedge is having an adverse effect on a neighbour's enjoyment of their home and/or its garden or yard. If it is, then councils can order the owner of a high hedge to take action to put right the problem and stop it from happening again.
The legislation also allows councils to set and charge fees for handling these complaints.

Isn’t this to do with hedges and not a single tree though ?

Er, your neighbour doesn't actually have two options to consider, she has one, which is whether to let you get rid of the branches that come over your side or let you lob them back over her fence.

The option of the tree being removed at her expense is not your demand to make!

Why are you telling her how much it will cost her to cut it down? Drop a brief note in to tell her you're having your side of it cut back to the boundary on x date and leave it at that.

High hedges law won’t apply if it’s use one tree.

Just one tree.

@MrsElijahMikaelson1

. What does the high hedges legislation do? Part 8 of the Anti-social Behaviour Act 2003 allows local councils to deal with complaints about high hedges whose area contains the land on which the hedge is situated. When councils are determining a complaint they must first decide whether the height of the high hedge is having an adverse effect on a neighbour's enjoyment of their home and/or its garden or yard. If it is, then councils can order the owner of a high hedge to take action to put right the problem and stop it from happening again. The legislation also allows councils to set and charge fees for handling these complaints.

Needs to be 2 or more trees or shrubs to come under high hedge legislation

I'd make the note much less formal. The letter in the OP sounds like a solicitor writing to a business. Instead, I'd go with something like:

Hi neighbour,

Just to let you know, we're planning on getting someone to trim the tree branches overhanging our garden on [date]. Let me know of you'd like the branches, otherwise I'll assueu want me to get rid of them.

If you'd prefer to get rid of the tree let me know and I'll be happy to split the cost / contribute £X.

Shedofdread

@LubaLuca

Why are you telling her how much it will cost her to cut it down? Drop a brief note in to tell her you're having your side of it cut back to the boundary on x date and leave it at that.

Yes, this. Your letter is very dramatic and almost hostile. It is bound to make things worse.

assueu = assume!