Huge tree, moaning neighbours

moneyistooshorttomention

zenshi wrote: »

I will elaborate!

My garden is huge! I struggle to keep on top of it.

About six weeks ago, the lady came round and suggested they 'look after' the end section of my garden that backs onto theirs. First said they would use as allotment type thing which I would have considered....THEN she says, we will put another fence up and put in gate access from their garden! And possibly put half of it to lawn to relax in :eek: if I said yes, then they would have the tree done at their expense]QUOTE


I dont think you're overthinking at all. That would ring huge alarm bells to me that they had plans on trying to claim ownership of part of my garden in years to come. This would obviously be even more the case if I could foresee that their back garden and some of my garden together might be suitable for garden-grabbing (ie using as a building plot).

Actually that would put my back right up and I would wish they had just stuck to a polite request to pollard my tree (which I would have agreed to - provided I got to supervise it obviously).

zenshi

SailorSam wrote: »

I've got trees in my garden, i've cut them once this year. They're all about 8' tall at the moment so at the end of next month i'll cut them again so that they're level with the fence (6'). Probably do the same next year, 2 quick cuts a year for my own benefit as much as my neighbours.

I have other trees that I can keep on top of but when you're talking a 60+ year old mature tree with a trunk of substantial girth then that's a totally different matter than cutting it back once a year!

J_B

pollard


verb
past tense: pollarded; past participle: pollarded


cut off the top and branches of (a tree) to encourage new growth at the top.

Davesnave

moneyistooshorttomention wrote: »

I dont think you're overthinking at all. That would ring huge alarm bells to me that they had plans on trying to claim ownership of part of my garden in years to come..

But you know the rules on adverse possession. It's impossible to claim it if the owner of the land has given their permission for it to be used. A simple agreement and a peppercorn rent would sort all that.

Sharing of garden land is common, although Hugh Fearnley-Whatisname's scheme has folded:

http://www.hortweek.com/fearnley-whittingstalls-landshare-scheme-shuts/retail/article/1385607

Davesnave

J_B wrote: »

pollard


verb
past tense: pollarded; past participle: pollarded


cut off the top and branches of (a tree) to encourage new growth at the top.

Exactly. All the trees you see alongside the roads in Fenland/Somerset levels are willows that are pollarded regularly.

They aren't great garden trees. I'd cut the bloody thing down and kill the stump!

warby68

Playing devil's advocate, if you find the garden hard to manage and there is a safe way to allow the neighbours to use and maintain some of it without conceding full ownership, is that not advantageous, especially if they take on expensive tree maintenance.

Hand on heart, does your maintenance get a little less noticeable the further from your house and the nearer to theirs you are?

Their intentions might be a little self-interested but not necessarily malicious and there could be a mutual beneficial solution here. Even better, sell them some of it?

bouncydog1

No way would I allow them to use part of my garden I'm afraid. In the event that you wished to sell the property in the future, then the bit they had "used" might cause all sorts of problems if they were still using it. Do you want to sell them part of your garden? This might be another option to consider.

Davesnave

bouncydog1 wrote: »

No way would I allow them to use part of my garden I'm afraid. In the event that you wished to sell the property in the future, then the bit they had "used" might cause all sorts of problems if they were still using it. Do you want to sell them part of your garden? This might be another option to consider.

Garden land is typically not very valuable unless it's tied to a house, so keeping it is much the better option.

Garden renting is so much easier than lived-in property, because there are no laws to protect the tenant, as there are with homes.

bouicca21

I'd get a gardener rather than risk an invasion of my privacy. If enjoying my garden meant going without something else in order to pay a gardener, I'd go without.

Davesnave

bouicca21 wrote: »

I'd get a gardener rather than risk an invasion of my privacy. If enjoying my garden meant going without something else in order to pay a gardener, I'd go without.

This rather depends upon how large and long the garden is.

In the course of viewing property over the years, I have seen two otherwise unremarkable houses with gardens of 330' and 620' (!)

OP did say it is 'huge.'