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Original poster

What ground do I have re my neighbours tree

95 replies

Cherryblossom200 · 29/03/2022 17:35

Hi there,

I live next to an elderly lady nearing 80 who is very attached to her tree. It's a huge beech tree which is approx 7/8 metres from my house. The houses we live in are only small two bedroom houses and the tree is way too big to be so close to the houses.

The main issue apart from the proximity, is the leaves that fall in my garden is literally killing my grass. I have no lawn left and I'm good at trying to clear the leaves up every year. Plus I get virtually not sunshine due to where the tree is. Yet my neighbour has sun all day.

The tree doesn't have a TPO, and hardly been cut back since I've lived in the house the past 5 years.

Ideally I'd like the tree to go. However I don't think my neighbour would accept that. I think it's way to tall and the bulk of the tree above is too big in the summer, so alternatively I'd like my neighbour to reduce the crown of the tree by about half way .

I have no idea where I stand legally with this. I know that in general there are hardly any laws to protect people out there when it comes to trees?!

Any ideas?

Thanks!

OP posts:

Original poster

Cherryblossom200 · 29/03/2022 18:48

I haven't asked her to do anything with the tree let alone cut it down. I just said in any ideal world I'd like it cut down. And there are plenty of people have have done the same when a tree causes issues. I do wish people on here would read my posts properly.

OP posts:

urbanbuddha · 29/03/2022 18:50

You can't thin a tree by more than about a third, less is better. I think if that's the way you want to go you have to offer to pay for it - her pension probably won't stretch to it. I agree that things should improve once the conifers are pruned, and try grass seed suited to shady conditions.

redpandaalert · 29/03/2022 18:50

It’s really not a big tree how small is your garden? Also you must have sun at some point during the day. I agree the conifers are more likely to be running the lawn. If my neighbour asked I would refuse I’m afraid. I love trees but i have a lot of trees most with TPOs on them.

Dilbertian · 29/03/2022 18:51

I had no idea the tree would cast so much shade when I bought the house until I actually moved in.

You knew about the tree and you knew that the sun moves in the sky. It was your job to work out whether it would cause you any problems before you committed to the house. You didn't do that and it's not your neighbour's job to make up for your slackness.

TheHoptimist · 29/03/2022 18:54

@Cherryblossom200

Oh gosh I'm not going to bully my neighbour - chill out. Stop over reacting, where have I said I'm going to approach my elderly neighbour in an aggressive way. I've never even asked her once to trim it since I've lived there, but it is getting too big.

The conifers were there when I moved in and I'm having them cut back half way next week. They provide a lot of privacy from the car park behind and the houses so I'm keeping them.

I'm south westerly.

How very hypocritical!

Original poster

Cherryblossom200 · 29/03/2022 18:55

The tree is huge, the photos just don't really show the size of it until you are in the garden. We don't have large gardens at all, the house sizes are just too small to have a tree growing so close of that size.

I'm due to have an extension on my property and I know for a fact the roots of the tree will be all over my garden. I have no idea if they ade even under my house causing damage which is hugely concerning.

OP posts:

lunar1 · 29/03/2022 18:55

You lawn would be so much better without the conifers at the back, they soak up every bit of water, which is only good if you have a boggy garden.

It doesn't look like it overhangs in the picture, do you have an pictures of it in summer?

Blimecory · 29/03/2022 18:57

@Cherryblossom200

Because my neighbour doesn't really like anything cut back, she loves the ivy. When I sprayed a little weed killer on my drive way she caused a fuss because a few of her daffodils died even though I didn't go anywhere near them. She is very touchy about everything in her garden so I prefer not to rock the boat. Even when I suggested I would cut down the over hanging branches in my garden she ordered me not to. She said it would kill the tree. So I'm don't touch anything which is growing from her garden even if it encroaches on mine .

So, did you kill her daffodils or not? You are entitled to cut down branches that overhang your property, though. She can’t order you not to.

Headabovetheparakeet · 29/03/2022 18:57

You knew the tree was there when you bought the house. You should have thought this through then.

The tree is not that close to your house, you're overreacting.

Original poster

Cherryblossom200 · 29/03/2022 18:58

The hoptomist the conifers don't cause any issue to my neighbour due to where the sun is. If it did I would seriously consider cutting them down (which I am) or get rid of them completely if they were affecting someone's else's life. And yes they do provide privacy, but I wouldn't want to affect a persons happiness or quality of life either.

OP posts:

CecilyTheWake · 29/03/2022 18:59

In Mumsnet world, no-one must ever want to cut a tree back or (god forbid) down. But equally, a tree must never impact on a neighbour. Go figure.

yamadori · 29/03/2022 19:04

It's not her tree that is causing the problem with your lawn. If it was, then hers would be affected too, and it isn't. The culprits are far more likely to be your conifers.

Anyway, you moved in knowing the tree was already there, so you are being rather U I'm afraid. We need more native trees and more wildlife habitat.

donquixotedelamancha · 29/03/2022 19:04

I know for a fact the roots of the tree will be all over my garden. I have no idea if they ade even under my house causing damage which is hugely concerning.

You clearly don't understand how trees work. It's 8m from your house, its roots are nowhere near, nor are they spread through your garden.

Original poster

Cherryblossom200 · 29/03/2022 19:05

Head above the parakeet. I've had three architects over and they all brought up the proximity of the tree to my house as said I would need pilling (drilling further into the ground) for my extension due to the tree. I don't mind doing this, but clearly as 'experts' they know a thing or two about trees and the impact it has on foundations. So it clearly is an issue. The tree may of been there before the houses were built, but the tree has got too big including the roots to be so close to the houses, my neighbours included.

As I said the photos don't fully show just how big and close it is to the house. I'll go in the garden tomorrow and try and show it from a different aspect.

OP posts:

donquixotedelamancha · 29/03/2022 19:07

In Mumsnet world, no-one must ever want to cut a tree back or (god forbid) down.

I agree that MN is often bonkers in this respect but in this case the MN collective is right to point out that OP is BU, not least because she hasn't even offered to have the tree trimmed.

Dilbertian · 29/03/2022 19:09

@Cherryblossom200

Still not her problem.

Abracadabra12345 · 29/03/2022 19:10

I doubt I will get anywhere with saying anything, I'm just hopefully who ever moves in after her will cut it back.

Be careful what you wish for. At the moment you have a quiet elderly neighbour. Who knows who will move in after her?

Dilbertian · 29/03/2022 19:11

Anyway, tree roots rarely extend further than their leaf canopy. If the branches do not reach your house neither will the roots.

Original poster

Cherryblossom200 · 29/03/2022 19:13

So a tree which has roots which could be affecting a houses foundation (I'm not saying is the case, I'm just using a hypothetical example) you would not think is not my neighbours problem? And that there are no laws protecting a persons land/house if this was a case?

OP posts:

blacksax · 29/03/2022 19:15

With all due respect, that is not a big tree as beeches go.

I think you've got a darned cheek, and are being remarkably selfish. That tree was there before you, and now you move in and want to get rid of it because it's inconvenient. How inconvenient for your neighbours will your extension be, I wonder?

Moral of the tale - if you don't want someone else's tree shading your garden, then don't buy a house that has a tree in the neighbour's garden. Especially not if you think the tree is too close to the house and you want to build an extension that's going to bring it even closer.

collieresponder88 · 29/03/2022 19:16

It doesn't look like it's overhanging your garden so you don't have a leg to stand on

Headabovetheparakeet · 29/03/2022 19:19

@Cherryblossom200

Yes, of course it is, but that you did start a thread saying 'my neighbour's tree is causing structural damage to my house' and you don't seem to have any evidence at all to suggest that it is a problem.

donquixotedelamancha · 29/03/2022 19:20

Anyway, tree roots rarely extend further than their leaf canopy.

They can go further than you think, but not big roots which might cause building problems.

Even if some moderate sized roots might come 5m out you'd just cut through them.

Frankly, OP could dig and cut at the boundary of she's bothered. I doubt it would harm the tree, give how tall she says it is, it must be at least 20m from her 15m high fence.

Pepsipepsi · 29/03/2022 19:24

Gosh it makes me so sad that when someone sees a tree instead of thinking "how lucky I am to have something so beautiful and full of life to look at every day" they think "that's a mild inconvenience, let's get rid of it." Never mind we're in a climate crisis and trees literally provide our oxygen to breathe. Hey, ho get the axe.

viques · 29/03/2022 19:26

Sorry OP, but “head above the parakeet” is making me laugh. I might have to adopt it.

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