Are my neighbours tree ‘surgeons’ allowed to jump the fence into my garden?

1122abc

My partner and I have just bought our first house. Therefore, I don’t have a lot of experience with what is and isn’t normal neighbour behaviour. We live in a middle (?high) class area, however I grew up working class. We both have respected professional jobs hence our new location but I still don’t feel like I fit in around here, I’m also British born to 1st gen immigrants in a predominantly English area, so I don’t want to cause a fuss and be “that” neighbour. My partner is also not white. 

I’ve just come back from a 13.5 hour night shift. I’m exhausted. I was in the shower and I heard banging at my front door. I ignored it as I wasn’t expecting a delivery. I came out of the downstairs shower in a towel and I walked into the kitchen/diner that opens up to the garden with bifold windows. My intention was to grab paracetamol quickly hence I kept my towel on. 

I saw four men in my garden. One with a very long lopper, all in black hoodies, joggers and one with a puffer jacket. I was really petrified. Long story short, they said that they need to cut my neighbour’s tree. I said I didn’t know this was happening today. They replied “well we knocked”, shrugged their shoulders and set up a ladder. I asked if they needed my permission to be in my garden but they said they don’t, because they are cutting down the tree which is the neighbours property and they’re actually doing my a favour by improving my view. 

I would be so grateful for opinions. Surely the neighbour could just post a quick note to let me know that the tree people are coming and will be in my garden - at least so I know? They are in right now, as the couple were briefly in their garden admiring their slaughtered tree. We moved in in March but have only seen them once but haven’t had the chance to smile or say hello just yet. We work super long hours so barely see each other let alone neighbours. 

Sorry it’s so long, my questions are
1. Can the tree surgeons legally jump the fence into my garden?
2. Shouldn’t your neighbour inform you if their workmen will be working on your property?

thanks!

980233

First 2 paragraphs not required but in essence no, they were trespassing and I would have booted them off my property with force.

And yes to question 2 so you could have considered the request.

Grumpy_chap

1122abc said:

My partner and I have just bought our first house. Therefore, I don’t have a lot of experience with what is and isn’t normal neighbour behaviour. We live in a middle (?high) class area, however I grew up working class. We both have respected professional jobs hence our new location but I still don’t feel like I fit in around here, I’m also British born to 1st gen immigrants in a predominantly English area, so I don’t want to cause a fuss and be “that” neighbour. My partner is also not white. 

I’ve just come back from a 13.5 hour night shift. I’m exhausted. I was in the shower and I heard banging at my front door. I ignored it as I wasn’t expecting a delivery. I came out of the downstairs shower in a towel and I walked into the kitchen/diner that opens up to the garden with bifold windows. My intention was to grab paracetamol quickly hence I kept my towel on. 

I saw four men in my garden. One with a very long lopper, all in black hoodies, joggers and one with a puffer jacket. I was really petrified. Long story short, they said that they need to cut my neighbour’s tree. I said I didn’t know this was happening today. They replied “well we knocked”, shrugged their shoulders and set up a ladder. I asked if they needed my permission to be in my garden but they said they don’t, because they are cutting down the tree which is the neighbours property and they’re actually doing my a favour by improving my view. 

I would be so grateful for opinions. Surely the neighbour could just post a quick note to let me know that the tree people are coming and will be in my garden - at least so I know? They are in right now, as the couple were briefly in their garden admiring their slaughtered tree. We moved in in March but have only seen them once but haven’t had the chance to smile or say hello just yet. We work super long hours so barely see each other let alone neighbours. 

Sorry it’s so long, my questions are
1. Can the tree surgeons legally jump the fence into my garden?
2. Shouldn’t your neighbour inform you if their workmen will be working on your property?

thanks!

Obviously, just seeing 4 men in the garden wearing hoodies would have been a bit of a fright at first sight.  Until you realised who and what, your mind may immediately assume mal-intent.

I disagree with the previous response, though.  There is usually a right (implied if not explicit) to make reasonable entry to neighbouring land to undertake maintenance work, which includes tree maintenance. 
Ideally, this would have been agreed in advance and access via a normal route (side gate) rather than leaping over the fence.
The tree surgeons probably assumed no-one was home when they knocked and received no response.
The tree surgeons probably should not have just jumped over the fence, but they just "got on with the job" without really thinking.

In the perfect world, there would have been better advance communication, but you would still have then agreed (I assume) to the access.

In the overall scheme of things, I would ignore this and be more focused on maintaining positive relations with the neighbours.  You never know when you'll need to access their garden or similar to maintain your house.

maisie_cat

I always thought that maintenance access was always allowed.
If they knocked and you didn't answer they presumably thought you were out. 
Good neighbourly relations require compromise and biting of lips in my experience.

theartfullodger

Yes of course they are, with your permission.


Do the decent thing and permit it.  Or do you want to have to declare a dispute with neighours when you sell.

You know, British values of decency and fair play.

canaldumidi

It's trespass- a civil, not criminal, offence. Some leglislation applies, specifically:

Access to Neighbouring Land Act 1992

An Act to enable persons who desire to carry out works to any land which are reasonably necessary for the preservation of that land to obtain access to neighbouring land in order to do so; and for purposes connected therewith.

1 Access orders.

(1)A person—

(a)who, for the purpose of carrying out works to any land (the “dominant land”), desires to enter upon any adjoining or adjacent land (the “servient land”), and

(b)who needs, but does not have, the consent of some other person to that entry,

may make an application to the court for an order under this section (“an access order”) against that other person.

Any reasonable tree-owner would, however, explain their intention regarding the overhanging tree in advance, and request access, and any reasonable neighbour would agree, negating any need to use the Act.

74jax

When we had to go into our neighbours (and I mean my workmen, not me) we supplied the liability insurance and took before and photos - with neighbours permission.  I also gave a couple of days /times to fit in with them. 

theoretica

Reminds me of the first time I found a strange man on top of my wall with a ladder as I left for work one morning.  Definitely a shock.  On enquiry he was a window cleaner for further down the row and while I would rather they didn't, I see different window cleaners going over other people's walls too and it isn't worth being a pain over.  Mainly I think I would just appreciate if someone had told me it went on in the area so I wasn't surprised by it.

nicknameless

You know, British values of decency and fair play.

ROFL - in my experience brits might make such a sweeping statement and then commonly fail to live up to it.  Definitely we have a right over those values - what rubbish.

Edited to add - also of no relevance whatsoever to the thread.

robatwork

This forum has been full of people complaining about neighbours' trees - "blocking light", "can I cut the branches", "put glyphosate on in the dead of night to kill it"... I would be delighted my neigbour is prepared to spend money getting their tree pruned, and tell them the funny "towel" story over cake/barbeque.

But I am achingly middle-class. 

Leggitte

The neighbour should have advised you in advance. The tree surgeons should have informed you too and not go into your garden without having done so. However, just allow it and let them do their job. They should have done this in a more correct way, but it is what it is. It will be over in half a day.