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Neighbours' trees -- how best to approach the subject

29 replies

Heartsease · 26/04/2010 19:42

We've just bought our first property, which we're renovating right now and hoping to move in very soon. The garden is one of the main attractions and gets sun most of the day, apart from a couple of hours when it disappears behind two enormous conifers on the neighbour's land which form part of their hedge (which is otherwise non-coniferous and a perfectly OK height).

Obviously what we have to do is approach them and find out what they think, and also whether or not they are the owner, but I wondered if anyone had any tips on how best to go about managing it all. It's such a common scenario, and I know it sometimes turns into a bad situation, which we really wouldn't want, especially not as the new folks. Should we offer to pay the full cost, if they (and/or the owner) agree to it, or would it be normal to expect them to go halves? I imagine it's not going to be cheap. Any sage insights welcome...

OP posts:
said · 26/04/2010 19:43

Is it such a problem not getting sun for just a few hours? I'd be wary if you've just moved in. Maybe get to know them first?

cat64 · 26/04/2010 20:06

This reply has been deleted

Message withdrawn

Heartsease · 26/04/2010 20:22

Thanks for your thoughts. Point taken, of course I will tread lightly and I didn't mean it would be our first topic of conversation -- I wasn't going to knock on the door holding a chainsaw . It's just something we would ultimately like to raise, so was looking for experience of that. The trees are well over 10m tall by the way, the whole property is generally unmaintained and the garden untended. I don't report that because I am disapproving but because I am 95% certain that the owner is a lackadaisical landlord, though of course the tenants are the important people. I'm very keen to get along with them and I've just never had to have these kinds of conversations before, having never owned a place before (or had any kind of garden). Am just contemplating possibilities really, but am first and foremost desperate to keep everyone happy, hence the OP.

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Thediaryofanobody · 26/04/2010 20:31

My BIL neighbor asked him face to face if he would mind if he the neighbor could remove some of his trees as they blocked the sun. BIL said fine as he didn't need to spend and money or do the work himself.

BeenBeta · 26/04/2010 20:33

I dont think you can do anything about the trees. You are permitted to cut branches overhanging your property as long as you offer the cut wood back to the owner.

The trees are on someone elses land and unless the trees are dangerous you cannot force them to cut them down.

goldenticket · 26/04/2010 20:38

Don't rush - move in and spend a summer there before contemplating any large tree or shrub removal anywhere. You may find that the trees offer welcome relief from the sun at the hottest part of the day. This will also give you time to get to know your neighbours/their landlord and see where the land lies with this kind of thing.

Fwiw, I would bristle just a little if brand new neighbours asked me to remove my trees before they'd even unpacked their boxes - sorry.

Heartsease · 26/04/2010 20:47

Sure, I think I may have come across the wrong way. I am not proposing anything rash, and it's precisely because I would myself bristle and have been horribly invaded by a disrespectful, domineering neighbour that I was keen to hear of any experiences like Thediaryofanobody describes. Because I don't like to think it is impossible to talk about these things amicably, and becuase it's not necessarily the case that they would be opposed. I wouldn't want to 'force' anyone to have their trees trimmed even if I could! Just, as per thread title, wondering how one might approach the subject in due course if we still feel it's appropriate after time has passed.

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scaryteacher · 26/04/2010 22:32

The landlord may be abroad, and not lakadaisical, but not actually be able to do anything.

The occupiers of the house may like the trees.

I had a neighbour who came onto my property and started telling me what he was going to do to it, and as he pissed me off by his attitude he got nowhere very fast. My property is now let, and he has to ask by letting agent before he can even set foot there as he was hassling my tenants.

I'd wait a couple of years (seriously) before I raised it.

traumaqueen · 26/04/2010 22:37

You sound very reasonable and considerate. I am sure you will be perfectly capable of making friendly overtures first then sussing out the situation. Definitely landlord vs owned property; if it's a rented property then you can be more direct, if owned then more cautious.

Do they ever go in the garden themselves? If so then over-the-fence chat a good place to start. If not then maybe you can be more direct.

Hassled · 26/04/2010 22:40

goldenticket is right - get to know the garden first. You may want that shade.

Then I'd say you offer to pay for the lot, assuming they're not in breach of some obscure tree by-law.

bosch · 26/04/2010 22:43

Couple of points - trees are potentially protected if in a conservation area (or made subject to tree preservation order by the Council). On face of it, unlikely given that they are conifers, but worth checking.

On the other hand, there is specific legislation for Councils to use where neighbours are in dispute about the height of evergreen hedges (part of it in the 'asbo' legislation ) which might be of help to you. I know you're not in dispute yet but might be helpful to know?

I ought to know more about it, (sorry to be so unhelpful!) have a look online (under leylandii or high hedges) or phone your council to ask them.

Heartsease · 26/04/2010 23:26

Thanks all, we will certainly be holding off for a good while yet. I had already been directed to the high hedges legislation (in fact, by another neighbour, who volunteered it as pertinent without our raising it). I am pretty sure is applicable here, but would feel sick at the very thought of being at odds with a neighbour. Hence this is really all about how that can be avoided, while acknowledging that there may well be a legitimate problem. Scaryteacher, I am very aware that the occupiers may like them, that being my principal concern. All your time and thoughts much appreciated.

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Heartsease · 26/04/2010 23:28

And Bosch, thanks too for the useful info. Hopefully 'asbo' legislation will remain a remote prospect ! I'd much rather share a bottle of something with them!

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PhoenixRising · 26/04/2010 23:30

After you have bided your time and do eventually approach them, if they are reasonable and agree to the trees removal, then naturally you should pay the whole costs of removing the trees and not expect them to go halves since it is purely for your own convenience

scaryteacher · 27/04/2010 08:03

If it is rented, the landlord also may not want the trees cut down, and if they use a letting agent, you will have to wait for them to get hold of the landlord. If my tenants agreed to anyone doing anything to my trees without my consent I would be extremely cross.

Heartsease · 27/04/2010 09:30

Scaryteacher, I have never suggested that I would do anything of the sort -- I have been a long time renter and am well aware of the sensitivities and rights involved. Hence asking for ways to approach to avoid anyone being cross.

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Poledra · 27/04/2010 09:40

Heartsease, you sound like you're thinking of all the right things before you try to do anything about the trees. However, I will say that I have a large conifer (not a Leylandii) in my garden. We're in a conservation area, so all tree work has to be approved. My neighbour asked me to top my tree (take off the top 8' or so) to stop it shedding into his gutters and also to stop the birds shitting on his car. However, when I asked my tree surgeon about it, he said that it was 50:50 as to whether it would kill my particular tree, and it would definitely spoil its shape.

So, the tree is still standing I'm afraid. My neighbour (tenant) understood my reasons but his landlord is pretty pissed off with me. I guess I'm trying to say that they might not be able to do anything about it even if you ask - sorry.

Rocinante · 27/04/2010 09:42

Heartsease, I would bide your time for a little bit and then when you've made contact with the neighbours and feel that you know them a little better, approach it.

My neighbour asked me to chop down some of our conifers, first saying that she would get a family member to do it. But when that didn't happen, she asked if I could get some quotes as I was "probably more organised" - flattery is everything .

I would have baulked at taking the full cost as I've got other things I would prefer to spend the money on, but we're going halves and I'm happy with that and I've put it down to being part of the ongoing maintenance cost of the house/gardens.

LadyBiscuit · 27/04/2010 09:55

If they are over 10m tall, then you can insist that the council intervenes if the neighbour won't do anything about it (and personally I can imagine that 2 trees of that height would be massively unpleasant looming over my garden). Hopefully you can resolve without that

Here is some info

Poledra · 27/04/2010 09:58

You had me worried for a minute there, LadyBiscuit, I thought I was being unreasonable with refusing to lop mine. Fortunately, I only have 1 tree that height.

Phew.

LadyBiscuit · 27/04/2010 10:06

Have realised that the pear tree in my neighbour's garden is about 10m tall but as it doesn't cause me any issues (garden is south facing) I wouldn't say anything. I think birds pooing on a car and leaves in gutters is a bit of a nimby reason for wanting someone to possibly kill a tree poledra!

I have to confess to loathing badly-maintained leylandii with a passion

scaryteacher · 27/04/2010 11:55

The reason I may sound cross Heartsease is that the neighbour who was a PITA to me wanted me to move an oil tank and a shed, came on to my property and walked past my kitchen window with his builder without even asking for access (and I was in); he couldn't be bothered to walk up the road to get on to my patio from the front, so he had a pair of ladders straddled over the boundary wall at the back; and then had the unmitigated gall to say that I had caused him problems by not agreeing to move the shed and oil tank as HE had promised his builder I would, before he asked me.

He then hassled my tenants, and I had to threaten him with legal action to get him to desist.

OTOH, we have an enormous Christmas tree (height of the rood nearly) in our garden here, and it provides a home for all sorts of birds, so I have never asked the landlord here to lop it.

Heartsease · 27/04/2010 12:50

That's really awful, Scaryteacher. I have actually been the tenant in a very similar situation, more than once. The first time, as a student, the neighbour sent men into our garden who hacked down a load of trees and half the hedge on our side, which was not more than 1.5m high. I had no idea whether they had asked the landlord -- certainly nobody gave a thought to speaking to us. The second time (different property) I heard noises in the back yard after dark when I was home alone and found men in my there who had used a ladder to climb over the wall and were had put up another ladder on my side to fit an extractor fan from the neighbouring property. They had not even knocked on my door. Both these incidents left me quaking and outraged that anyone could be so disrespectful and I ended up feeling very uncomfortable and invaded. Hence I have a hypersensitive horror of ever being thought to resemble those people in any way, and that's probably why I am thinking nervously ahead to broaching the subject of these trees (which I am pretty sure is a reasonable thing to consider in this case, though I realise none of you have access to the real scenario, and many people behave in terribly selfish ways about these things).

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knickerelasticjones · 27/04/2010 15:58

I'd try getting friendly with the neighbours first and then at some point in the future see if you can turn the conversation to the garden. You don't necessarily need to suggest cutting back the trees you could try something like " gosh these are really tall, do you know what they are?" - the answer might tell you if the neighbour loves or hates the trees.

For info we moved into our terraced house six months ago and our neighbours had massive, MASSIVE confier (leylandii) trees. We'd resigned ourselves to part of the garden being in shade and didn't raise the subject, but during a friendly chat a couple of months ago it turned out he was desperate to get rid of the trees but didn't really know how to go about it. In the end we helped organise a tree surgeon and the trees were taken out via our garden (much easier as we are the end terrace).

So we've got no shade, he's got no trees and everybody is happy!!

just thought I'd add this to let you know that sometimes these things DO work out.

scaryteacher · 27/04/2010 17:17

What really irritated me Heartsease is that having said no to the oil tank and shed being moved, he wouldn't take my word for it, but wanted to speak to dh, and demanded his email and office numbers, which I declined to hand out. I told him dh would speak to him when he was home in 4 weeks time.

The reason I was pissed off about the ladder was that I'd pulled an all-nighter writing reams of Year 8 reports, and turned round and saw the ladder from my study. Dh was posted abroad, and I was in the house alone with a 10 year old. The ladder (and the one on my side of the wall was mine) was moved, and his was pushed back onto the ground. He didn't make that mistake again.

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