Request to trim tree in garden

bunberry

Mojisola wrote: »

Your neighbours can ask - you can comply or refuse. They cannot make you cut down your trees or keep them to any particular height. The only legal recourse they have is the High Hedge legislation. As you only have one tree, that doesn't apply to you.

It can be worth being co-operative with your neighbours - as long as they are reasonable people. If they are bullies and this is the first move in order to intimidate new owners, it could be the start of a long list of things they want you to do. You'll have to use your judgment of their character.

If your tree is affecting their garden and you're not bothered about losing it, offer to have it removed if they pay for it but get them to pay up front!

If they're happy paying for its removal, I have no complaints I'm really not bothered as to whether or not I have a tree.

Dimey

Well from your second picture post Bunberry, I'd tell the complainant that the big trees are not your trees so they'll have to speak to your neighbour.

As for your one tree. If you want to trim it to stop it getting taller/ bushier there's nothing stopping you. It needn't cost you money especially if you don't let it get so tall you need a tree surgeon to top it out.

Just saw off any branches that are going too far. There are also giant pruning type shears you can buy or borrow to cut off thinner branches.

As its a fir tree - If you can reach the top of the tree and cut that off it shouldn't grow any higher. I have a few fir trees that I've topped off at 15 ft and it keeps them manageable for me.

Kernel_Sanders

bunberry wrote: »

We only have the one tree in our garden. As I previously mentioned, we're first time buyers and the whole process was overwhelming and stressful enough. It might have been an oversight on our part but when we looked at houses, the height of that tree genuinely did not cross our minds.

OK then, the first step is to confer with your side neighbour, who must also have received requests at some stage. I have an idea which might just work: if your side neighbour agrees, approach the victim* and offer him the chance to pay for the trees' removal (or severe pruning!). In return, you both sign an undertaking to keep all vegetation below x feet (I think this is called a 'restrictive covenant', and is binding on whomsoever the house is sold to). It could be that they will bite your hand off for the certainty of sunlight on their garden in perpetuity. Alternatively, they could view such a proposal as downright cheek!

* This is how I would feel if I were your end-neighbour!

iammumtoone

I feel for you OP thats all you need your first house and you get hassle from the neighbours I can understand their point but they have gone about it the wrong way. They must have asked the previous owners and got no where so thought they would try their luck again when you moved in.

Personally I would invite them into your garden to show them you only own the one tree, explain that your tree is legal otherwise it would have been pointed out to you on your survey etc. Say you cannot afford at this time to have it removed or trimmed (you have just brought a house after all) but if they are prepared to pay for this then you are happy for them to do so. I suspect their argument is really with your neighbours who own most of the trees and the removal of your one will not make much difference unless they go as well.

Horizon81

Do you seriously want to set up a restrictive covenant? If you ever sell your house that would deter future buyers! If you want them to pay to cut it then put the idea out there but don't set up any covenants.

Mojisola

Kernel_Sanders wrote: »

In return, you both sign an undertaking to keep all vegetation below x feet (I think this is called a 'restrictive covenant', and is binding on whomsoever the house is sold to).

No, no, no!

peachyprice

bunberry wrote: »

Thank you for your replies.

Just to point out though, that the trees within the green fence belong to our next door neighbour, not us. Our tree is to the left of the red fence. I've updated the photo to make this clearer.

It's difficult to see how high your tree is (could you outline it in the pic at all), but it looks like it's quite a bit smaller that your neighbour's tree which is encroaching your garden.

If this is the case, I'd put the letter back through their door with your own note saying you think they've sent their letter to you by mistake as it's your other neighbour's tree that is blocking their light, not yours.

adouglasmhor

I would check you are not covered by a TPO before I did anything.

Kernel_Sanders

Mojisola wrote: »

No, no, no!

Well they aren't going to pay to have one tree removed when the other three are causing the bulk of the problem, are they!

Mojisola wrote: »

offer to have it removed if they pay for it but get them to pay up front!

No, no, no!
Don't add insult to injury by insisting on this! In any case, if they are paying then they should have choice of contractor. This is advantageous to you OP as you will not be involved in any chasing for late payment.

Horizon81 wrote: »

Do you seriously want to set up a restrictive covenant? If you ever sell your house that would deter future buyers! If you want them to pay to cut it then put the idea out there but don't set up any covenants.

How bizarre! You're seriously suggesting that people would be deterred from purchasing because they are prevented from growing huge trees?
Look, nobody's going to pay for the OP's pruning if they might be faced with the same problem a few years later with new neighbours.

adouglasmhor wrote: »

I would check you are not covered by a TPO before I did anything.

Or if not, then apply for one

Horizon81

Nobody in their right mind wants to set up restrictive covenants on a property they own if at all possible. In this case, the OP has no problem with their tree - it's some disgruntled neighbours that do. The problem is theirs, not the OP.

Personally I'd just tell the neighbours you have neither the desire nor funds to prune the tree and that it is not causing you any problems. As said above, there may well be a TPO on it. Unlikely but possible.