Can I remove Half of Tree Stump that is in my garden?

SteveVy

Hi Folks,

Looking for some advice here, we moved into to our new build house around 18 months ago and had a tree in the garden that resulted in our fence being out of line (Skewed) which meant we had a lot of land that was in accessible behind the fence. Apparently the neighbor at the back of the property didn't want the tree cut down so the builder just put the fence in front of the tree.

I spoke to the neighbor a few months ago and she mentioned it's a 'shared tree' she said she wasn't too happy with us cutting it down but if we wanted to we could.

We decided to go ahead and had various quotes from tree surgeons who advised the tree stump would only be 1" above the ground...anyway the work was completed but the tree stump (As seen in the picture is quite high due to soil around it).

The neighbor behind has said I can't remove the tree stump as it'll result in the ground collapsing and her shed / house falling down. I've had a few tree surgeons out and stump grinders who have advised this is not true, by cutting the tree down the roots are now effectively dying and this won't affect the ground underneath his shed in any way.

I've also been told stump grinding has nothing to do with the roots of the tree as per the name it's just about grinding the 'stump' and the underlying roots won't be touched.

We now want to finish off our garden have had various landscapers out who have said the tree stump will stick out like a sore thumb if we keep it in and have advised just to have 'our side' of the tree stump grinded out so its flush against the fence. We don't want to upset our neighbor so we are happy just to have the minimal amount of stump grinding done so it looks neat and tidy.

I've spoken to my neighbor who has said if I do anything to the stump she'll be taking legal action...not really sure where I stand...I just want to get my garden finished off.

I've told her I've had various experts out and I am more than happy for her to get people out for advice but she doesn't want to listen...

Davesnave

She won't be 'taking legal action' when someone tells her how much it will cost and what the likely compensation would be in the unlikely event of winning.

You've been reasonable and tried to allay her fears, but it hasn't worked so get on with the job. When it's done, pop round with some flowers, but not a expensive ones, because she probably won't accept them!

princeofpounds

Bizarre - so she was ok with you cutting down the tree but wants to defend half a stump that's not on her land?

Personally I wouldn't bother with grinding it out unless it is a tree that can regrow from the stump. The fence has been built around it, so you'll just end up with a hole instead of a stump, which will be just as noticeable. Then the neighbour will give you grief, which shouldn't be a deciding factor but the hassle can be considered.

With some clever planting or landscaping you could easily obscure it, unless you are going for the cricket-pitch-up-to-the-edge look.

But if it could regrow, or you want to get it removed - sure, grind it back. Its true that they will probably take it just slightly below ground level and it will make no difference to the surrounding ground integrity whatsoever.

theonlywayisup

Roots on your land can be removed.  I don't see a stump being any different, perhaps only in that the tree is dead therefore you won't be causing it further issue. 

Rosa_Damascena

Its neither use nor ornament, so just get rid of the part on your side if its bothering you that much.

I wonder if your neighbour has buried something under it that s/he doesn't want exposed? Eg ashes?

SteveVy

Many thanks for the replies, in regards to the fence.. I did mention to the fencer I may grind the stump in the future and he has has left the additional panels for me to fill in the gap.

twopenny

You've had people out to explain the effect to you but what about your neighbour?

Did you ask her to join you when they came so that they could reassure her? Or ask one to visit her?

I've had a couple of trees by a path and buildings that came down in a storm. As the roots rot the land dropped by a foot or so. It does take a long time but I did have to rebuild the path and there was a slight crack in one wall as the ground sank.

It's difficult to make a judgement as from the photo we can only see your side. Can't see the position or how close her shed or house is.