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Original poster

Neighbour complained about Tree

101 replies

Mellowyellow222 · 17/10/2021 09:09

I moved into my new house last month. It has a lovely mature garden, which was a big part of why I bought here. It’s in a suburb with 1940s semi detached houses, all with good long gardens.

A relative of the neighbour behind me called at the door last night to complain about a tree in my garden. I have said to of course cut back overhanging branches, but her complaint was that it casts a shadow on her aunts patio.

I have checked google earth (because I can’t see into their garden) and this lady has built a part at the bottom of her garden so, at one point of the day, my tree will cast a shadow. The neighbour wants me to either cut down or reduce the tree.

I have always done as much as I can to accommodate neighbours, but this seems a step too far. This tree has clearly been there for forty or more years, and I assume the patio post dates that. I know I can’t dictate where in her garden this lady sits, but why does it have to be in the only spot in the garden that my tree casts a shadow?

I also assume she had asked the previous owners with no luck.

And the owner is elderly, and has been abroad since COVID hit.

I have put committed to doing anything, but am starting to think I might be being unneighbourly?

The tree is a beautiful ash tree.

OP posts:
Original poster
Mellowyellow222 · 17/10/2021 14:45

@ChristieMalry

I think any home owner/tenant is aware of their legal rights? Most of us are intelligent folk who can use the internet.

But the internet doesn’t tell you the emotional side, the neighbourly relations etc.

But I think you are just smarting for an argument. Perhaps a slow Sunday?

OP posts:
Original poster
Mellowyellow222 · 17/10/2021 14:46

@ChristieMalry what points would you like me to address - happy to provide more information if that is needed?

OP posts:
ChristieMalry · 17/10/2021 14:47

Yes, it's all about me. Hmm

GoWalkabout · 17/10/2021 14:48

Our neighbour has three extremely big tall trees along our boundary. Our full survey said they would benefit from being reduced in size by about a third. He did this about five years later, and again five years after that. It makes our garden much more pleasant and less oppressed by them. Its an expense though.

Marelle · 17/10/2021 14:48

I would just say no. My neighbours whinged about my tree and I said I’m willing to cut it back where it overhangs your property but won’t be removing anything from my property. So I sawed off the branches level with the fence. Now it looks hideous from their side but it’s beautiful from my side.

Original poster
Mellowyellow222 · 17/10/2021 14:54

@Marelle I don’t want to annoy them either.

So I might keep and eye and see if the owner of the house actually moved back in.

If she does I will speak to her - she what the issue actually is - I am only hearing in second hand. Then get a tree surgeon out to see what can be done.

I’m not cutting it down - it’s stunning. And she has a lot of trees behind it which in a few years may well be similar height to the ash. But I will try and meet her in the middle.

It seems silly to do anything now when the house is empty and the leaves are falling anyway.

Thanks all - and @ChristieMalrycmsorry for being snippy. I thought you were accusing my of being dishonest which I have not been at any point.

OP posts:
Brollywasntneededafterall · 17/10/2021 15:04

Cheaper for her to reposition her patio.. My friend paid 800 quid for a tree effectively 'redesigned' after ndn (back) complained...
Now standing in the kitchen we get to see either one of them getting dried in the bathroom... He does that towel up the arse crack move....
Fucking grim...

yamadori · 17/10/2021 15:12

When did you last have it tended? Most trees need a prune every 4 years or so

No, they really don't.

Hawkins001 · 17/10/2021 15:44

all the best op

Shedbuilder · 17/10/2021 15:57

[quote ChristieMalry]@LindaEllen Ash grows fast. Assuming the neighbour built the patio two years ago (ie pre pandemic) the tree could have been four foot smaller then.

Most trees grow much slower. If she didn't know it was an ash she wouldn't have known it would overshadow her patio a couple of years later.[/quote]
The OP says it's been there 40 years, maybe more. Tough luck if she built her patio in the shade of a mature ash tree without thinking about it.

Daftasabroom · 17/10/2021 16:18

@Shedbuilder no it isn't tough luck I'm afraid. We are all entitled to build what we want on our private property, planning and regs permitting of course. We are all also responsible for the trees and hedging that grow on our property and responsible for the effect that they have on neighbouring properties.

OP I hope you remain clear of die back, we also have sudden oak death and combined effect is truly tragic to some our local woodlands and NT estates.

BTW ash copices well.

Didicat · 17/10/2021 16:40

OP we moved house this year, I rather sheepishly went to the neighbours and asked if they’d have any major complaints to me taking down a tree on our boundary. I was rather surprised when both sets were delighted with the proposal. We are reducing 4 other trees as well.

They didn’t want to ask the previous owner as didn’t want to upset their friend…. It might be the case of they don’t know you yet so feel they can ask with out any emotional involvement.

However you should keep the tree how you like! They can ask, but you don’t have to agree with them.

MintJulia · 17/10/2021 16:51

Ignore them. You are entitled to have a mature tree in your garden. They are trying to bully you.

countrygirl99 · 17/10/2021 18:16

[quote Daftasabroom]@Shedbuilder no it isn't tough luck I'm afraid. We are all entitled to build what we want on our private property, planning and regs permitting of course. We are all also responsible for the trees and hedging that grow on our property and responsible for the effect that they have on neighbouring properties.

OP I hope you remain clear of die back, we also have sudden oak death and combined effect is truly tragic to some our local woodlands and NT estates.

BTW ash copices well.[/quote]
If you are stupid enough to build your patio in the pre-existing shade then you are even more stupid if you complain about said shade.

maofteens · 17/10/2021 21:36

My friend has a small tree in her garden - quite dense but only about 18' high. A neighbour two doors away asked her to cut it didn't as it casts a shadow - the gardens are small but I can't see how much it could really affect someone two doors away.
My friend doesn't want to touch it so just said 'we have no plans to reduce the tree at the moment'. End of.

Skysblue · 17/10/2021 21:52

We have an ash tree in our garden, it’s beautiful and probably teice the height of the house. All the neighbours think it’s lovely.

Your neighbour is just being a bully. Different people have different tastes and some would cut down every plant and replace all grass with astroturf.

Don’t be bullied OP!

GETTINGLIKEMYMOTHER · 18/10/2021 09:05

How about getting the council’s tree officer round? It’s very un-eco nowadays to get rid of trees without a very good reason.

That’s what we did when a relatively new neighbour expected us to fell or drastically reduce a mature beech tree in a corner of our garden. Their garden (more like a decked patio) is even smaller than ours, and he objected to all the leaves and mess, esp.from squirrels eating the beech mast and dropping shells.

The tree had been there long before our house, and did in fact have a protection order. The tree officer did actually permit a certain amount of thinning, but it was going to be very expensive and although we offered to go halves, the neighbour declined to go ahead.

The tree officer put it in writing quite firmly that objecting to the debris from a tree is not a valid reason for getting rid of it.

I did often wonder why they bought the house in the first place - you could hardly miss the fact that there was a very large tree overhanging part of a very small garden.

steppemum · 18/10/2021 09:10

@LIZS

When did you last have it tended? Most trees need a prune every 4 years or so.
This really made me laugh.

A mature healthy tree growing in a good space doesn't need any pruning at all.

If you have to prune it every 4 years, it is growing too close to some thing (house etc)

As a good tree owner, you should keep an eye on your trees and look out for dead branches etc, but there is no need for any pruning.

SeasonFinale · 18/10/2021 09:14

Seriously I think they know you are new. Your old neighbour probably already said no. So they are trying again. Just stick to the you are welcome to trim any overhanging branches and it is okay I do not need the branches returned to me.

Trethew · 18/10/2021 09:31

Have not read all the posts but agree with @treecreature who points out that the tree is probably doomed. I would have a long hard look at the site and work out where to plant a replacement/s and get a young tree in the ground. Now is the perfect season

LastSummerHere · 18/10/2021 09:57

I have a beautiful mature ash tree at the bottom of my garden, beside the country road I live on. I grew up here os the tree has been part of my life. I think it possibly has dieback so not sure what to do...I can't bear the thought of losing it.😢

Daftasabroom · 18/10/2021 11:38

@countrygirl99 why is it stupid to expect a neighbour to comply with their legal obligations?

Daftasabroom · 18/10/2021 11:49

@LastSummerHere we had to cut one down last year, there has been a lot of new growth this year. It looks like the disease enters through the tips and makes it way down the stems, we're hoping if we cut back all the stems each year it might survive for a few extra years.

countrygirl99 · 18/10/2021 12:12

[quote Daftasabroom]@countrygirl99 why is it stupid to expect a neighbour to comply with their legal obligations?[/quote]
What legal obligations? Please refer to.the legislation or case law. As long as the tree isn't dangerous, and there has been no suggestion it is, there is no obligation re shade.

VenusClapTrap · 18/10/2021 13:14

Absolute rubbish that ash seeds/saplings kill surrounding plants. I’d have no plants left in my garden if that was the case - I have four huge mature ash trees in my garden. The seedlings are a pain but are easily pulled up unless you leave them to get established.

Most trees drop branches, ash trees are not unique in this, so it is good to get them checked by an arborist every year or so. They most certainly do not need pruning every four years.

Crown reductions can look truly awful. Thinning can be a better way to reduce the shade cast by a mature tree, and if done skilfully by a good tree surgeon can enhance a tree’s appearance.

Mature ash trees are more resistant to ash die back than young ones. All my trees are infected, but so far I’ve only had to remove one, as the progress of the disease has been considerably slower than initially predicted by my tree surgeon, and this year in particular two of my trees have shown an improvement in apparent health. Time will tell what happens (my tree surgeon and I are watching with great interest), but I certainly wouldn’t be preemptively removing mature ash trees unless they overhang a road/house etc.

Interestingly, where I haven’t got round to pulling up saplings, they are now dying off when they reach the two or three year mark, whilst their parent trees continue to live happily above them.

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