Neighbour's nightmare tree

-taff

Wehn we moved in the tree was a good four meters smaller, and it took us a while to realise that the bottom end was forever covered in bird poo, lots of the tree would fall off in the winter covering the soil, garden and area at the bottom and this was before it started trying to take over the boundaries. It now [ but not for long, it's being cut down as I type] straddles four gardens.

I say this becayse we didn't have the luxury of seeing how the tree affected things throughout the seasons and as birght eyed and bushy tailed home buyers, saw only the potential in the house without thinking of the ins and outs of the tree and we looked at the house twice. Probably should have because we'd already said no to one house because of the humungous tree growing on the pavement outside, not fice foot away from the window.

If only there was a checklist of the kind of things you should think about beyond, does the house have a roof, does the boiler work, when you buy a house so other people can help someone consider all the angles they shoud think about.

ArbitraryRandom

Dustyevsky said:

silver17 said:

ArbitraryRandom said:

A suggested approach would be to first talk to them - thank them for trimming the tree - but explain that you meant something a bit more drastic as it's blocking light to your garden, giving a reason (not being able to use your line/maybe insurance?).

Depending on how they respond, say you were thinking about asking a qualified tree surgeon if there's a way to remove the bulk of the material overhanging your garden without harming the tree. Confirm you're not asking them for money. You can make it an offer for the tree surgeon to also remove material from their side to keep the tree balanced? And you can ask if they would like the wood or if they would like you to dispose of it. 

I did suggest this actually but "we really love our tree" and I backed off. They are the kind of people who have lived on the street the longest so they feel what they say goes.

What they say does 'go,' regardless of the time any of you have lived there. You have been resident only for a few years, so you bought in the knowledge that the tree could cast shadow and that it would not get smaller. Like the person who buys a house next to a pub, or a neighbour with several partially 'restored' cars on their drive, it is too late after exchanging contracts to look beyond the boundaries and want to exert influence there!

If you are charming and they are reasonable folk, you may persuade the neighbours to see things your way, but it's not guaranteed. The line of Leylandii that caused my wife and I to move when they were planted in 1987 is still there, and our lovely little town garden is still in shade nearly 40 years on. C'est la vie. There were other houses.

One question nobody's asked so far, apart from what it is, is whether the tree is protected by a TPO.

Equally, whoever planted the tree (should have) done so with the knowledge that if it wasn't kept pruned to a height then it would overhang the neighbour's garden and/or cast shade on the house* and they would have a right to remove any such branches/have the 'nuisance' removed... the neighbours at the time being okay with it doesn't in anyway prevent them from changing their mind or in anyway oblige the future neighbours to be okay with it. 

If it does have a TPO, then that's maybe even a good thing for the OP - someone from the council can be the bad guy and say the offending branches have to go.

*Re: 'right to light' and the 20 year rule: https://www.rhs.org.uk/plants/types/trees/the-law

[Deleted User]

Useful link from previous poster! You haven't said what type of tree it is? is it deciduous or evergreen? For eg we have  what is some type of Chamaecyparis in the garden planted years before we moved in, it has multiple trunks, and has spread inwards, it is very wide and no amount of pruning seems to stop it, it just comes up from another point so it may be an all or nothing route for the owners and pruning it on your side may just encourage more growth.  Ask nicely, disputes with neighbours can be infinitely worse than the initial problem. 

Dustyevsky

ArbitraryRandom said:

Dustyevsky said:

silver17 said:

ArbitraryRandom said:

A suggested approach would be to first talk to them - thank them for trimming the tree - but explain that you meant something a bit more drastic as it's blocking light to your garden, giving a reason (not being able to use your line/maybe insurance?).

Depending on how they respond, say you were thinking about asking a qualified tree surgeon if there's a way to remove the bulk of the material overhanging your garden without harming the tree. Confirm you're not asking them for money. You can make it an offer for the tree surgeon to also remove material from their side to keep the tree balanced? And you can ask if they would like the wood or if they would like you to dispose of it. 

I did suggest this actually but "we really love our tree" and I backed off. They are the kind of people who have lived on the street the longest so they feel what they say goes.

What they say does 'go,' regardless of the time any of you have lived there. You have been resident only for a few years, so you bought in the knowledge that the tree could cast shadow and that it would not get smaller. Like the person who buys a house next to a pub, or a neighbour with several partially 'restored' cars on their drive, it is too late after exchanging contracts to look beyond the boundaries and want to exert influence there!

If you are charming and they are reasonable folk, you may persuade the neighbours to see things your way, but it's not guaranteed. The line of Leylandii that caused my wife and I to move when they were planted in 1987 is still there, and our lovely little town garden is still in shade nearly 40 years on. C'est la vie. There were other houses.

One question nobody's asked so far, apart from what it is, is whether the tree is protected by a TPO.

Equally, whoever planted the tree (should have) done so with the knowledge that if it wasn't kept pruned to a height then it would overhang the neighbour's garden and/or cast shade on the house* and they would have a right to remove any such branches/have the 'nuisance' removed... the neighbours at the time being okay with it doesn't in anyway prevent them from changing their mind or in anyway oblige the future neighbours to be okay with it. 

If it does have a TPO, then that's maybe even a good thing for the OP - someone from the council can be the bad guy and say the offending branches have to go.

*Re: 'right to light' and the 20 year rule: https://www.rhs.org.uk/plants/types/trees/the-law

I don't think I ruled out the possibility of removing overhanging limbs, or even the entire tree, but we've not established what the tree is yet, or whether it might be protected.  'Right to light' is not the easiest thing to enforce, and unless it's officially viewed as more than one tree, High Hedges doesn't come into it.

If we go technical, the ability to use a cherry picker will make quite a difference. What the neighbour says about access/cooperation will be moot if one can be employed. I'm not against the OP getting their rights; only staying realistic about the likelihood of cooperation and mindful of what may happen thereafter if it turns into a dispute. Disputes have to be declared if, like us, the OP eventually decides to move.

ArbitraryRandom

Apologies, to my reading you seemed to be suggesting the OP was doing something wrong in wanting to 'exert influence' to remove overhanging/nuisance causing branches...

I agree the issue mainly seems to be the OP not wanting to 'upset' anyone - and the only way to do that would be to do nothing I fear - but it's important to remember the OP doesn't need the neighbour's permission to remove overhanging branches (as far as I can see the access issues were with the neighbour coming into the OP's garden to 'trim' without permission - not the other way around, so cherry picker probably not required). 

Speculating, but removing any such branches would probably make the tree look lopsided so the neighbours could well deal with any other problematic branches in trying to balance it back out  

Obviously, also agreeing some more detail/pictures from the OP would be very helpful... 

Paspatur

 OP said It now [ but not for long, it's being cut down as I type] straddles four gardens.

Hopefully now resolved

-taff

I;m not the OP and I said that...

Paspatur

Sorry I misunderstood 

ArbitraryRandom

-taff said:

I;m not the OP and I said that...

And we hope your tree removal is going well/to schedule? 

Dustyevsky

ArbitraryRandom said:

Apologies, to my reading you seemed to be suggesting the OP was doing something wrong in wanting to 'exert influence' to remove overhanging/nuisance causing branches...

They are trying to influence a situation largely controlled by others. That's not wrong, as most of us do it, sometimes, even in our work, but it isn't typically as effective as a scenario where control is entirely, or largely, ours.

I don't want to give the OP false hope. Removing the overhang up to the boundary may satisfy them, and if it does, all well and good. They have that right. But then there's the reaction of the neighbour, which is why a cherry-picker might be needed. I know a tree person, and the last place he wants to be with his chainsaw, is on land where he's viewed as spawn of the devil!