Tree damage

monica78uk

We have a rental property and it has an oak tree at the back of the garden (about 70 years old). The neighbour kept harassing me for the past two years (numerous calls and rather aggressive on the phone) to cut it. I explained that I will not be cutting the tree as it's an old oak tree and he is welcome to cut any lower branches that are brushing his shed (when I say brushing- they were nowhere near the shed but neighbour kept finding reasons). This year again he kept calling (5-6 times a day) to get it cut. He then got quotes and said he can make arrangements if I agreed.  I gave in eventually and agreed to have the tree pruned by maximum 25% by a qualified tree surgeon.  He reassured me the tree surgeon is qualified and works for the council so I said fine. Last week we drove past the property and I was in total shock! The tree has been heavily topped (no crown left but a few shortened branches with no leaf) not pruned - over 60% of it gone!! I called him to ask what has happened to my tree and I got shouted at that he'sthe one who has to look at that everydaynot me.... I am so upset that a 70yr old oak tree has been destroyed!! I feel so stupid for allowing him to make arrangements- I just simply didn't think someone can hate a tree so much. It is over 22m away from any house, right at the back of the garden and it didn't shade his garden at all due to it's position. Now the tree will most likely not recover:( 
Is the neighbour at fault? 
Many thanks

Nelliegrace

I would be tempted to plant Leylandii. 

WhiskersTheWonderCat

Considering you gave him permission, I doubt there's anything you can do. Never allow a neighbour to bully you into things. Accepting the word of a person that was desperate to get rid of the tree was a huge, huge mistake. I would not be surprised if he told the tree surgeon to cut it all down, after telling you whatever it took for you to agree to have the tree surgeon work on it. 

BUFF

don't suppose that it had a TPO on it or is in a Conservation Area? If so, did he apply for permission from the Council etc.for works?

Hopefully he isn't expecting you to pay anything towards the works.

monica78uk

WhiskersTheWonderCat said:

Considering you gave him permission, I doubt there's anything you can do. Never allow a neighbour to bully you into things. Accepting the word of a person that was desperate to get rid of the tree was a huge, huge mistake. I would not be surprised if he told the tree surgeon to cut it all down, after telling you whatever it took for you to agree to have the tree surgeon work on it. 

I gave him permission to prune not to top the tree and even that was under extreme pressure (he called constantly after he got the quotes, left numerous messages as I didn't answer. When I eventually answered a week later I just gave in. I asked him to give me the details of the tree surgeon and he is refusing. 

monica78uk

BUFF said:

don't suppose that it had a TPO on it or is in a Conservation Area? If so, did he apply for permission from the Council etc.for works?

Hopefully he isn't expecting you to pay anything towards the works.

It didn't unfortunately:( 
He is refusing to give me the details of the tree surgeon. 

WhiskersTheWonderCat

He doesn't want you to talk to the tree surgeon, because he will probably tell you that he was told to take it all down. 

WhiskersTheWonderCat

Looking around online, it does suggest that a topped tree will grow back quite rapidly. 

https://blog.davey.com/help-how-do-i-fix-a-topped-tree/

baser999

Does there have to be a TPO in place to prevent a tree being attacked? If this is a 70yo oak, I’m sure you’d have needed to have a word with the council before undertaking any work on it. 

Some years ago I worked as gardener at a care home and a neighbour was unhappy about a large chestnut overhanging (but far from contacting) his property and wanted to cut it back; I suggested he speak to the council, which he did, their tree person came along and said that even though there was no TPO he wasn’t to touch it.

monica78uk

baser999 said:

Does there have to be a TPO in place to prevent a tree being attacked? If this is a 70yo oak, I’m sure you’d have needed to have a word with the council before undertaking any work on it. 

Some years ago I worked as gardener at a care home and a neighbour was unhappy about a large chestnut overhanging (but far from contacting) his property and wanted to cut it back; I suggested he speak to the council, which he did, their tree person came along and said that even though there was no TPO he wasn’t to touch it.

The tree doesn't have a TPO unfortunately.  I was not aware that they had to speak to the council before proceeding. I don't think it's a requirement but I might be wrong.. He said the guy who cut it is a tree surgeon who works for the council. He won't give me his details but I know for a fact that every tree surgeon we contacted previously clearly advised that they won't be cutting more then 25% of the tree as it would damage the tree so I didn't doubt that agreeing to prune the tree meant exactly that to a tree surgeon.  What I don't know is what he actually instructed the guy to do. 

monica78uk

WhiskersTheWonderCat said:

He doesn't want you to talk to the tree surgeon, because he will probably tell you that he was told to take it all down. 

Highly likely or the guy is not a tree surgeon..