Removal of two large branches of a mature Siver Birch overhanging neighbours garden

where_are_we
where_are_we Posts: 1,204 Forumite
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We have a large mature Silver Birch in our back garden at least 12 metres high and 12 metres from our terraced house. It is 4 metres from our boundary with our next door neighbour. Two large branches overhang our neighbours garden ending about 2 metres on their side of the boundary fence at a height of about 10 metres. My neighbour is annoyed at pigeons defecating on his garden. They rest up there for up to an hour occasionally. It is not pleasant to remove an accumulation of droppings every now and then but this is "nature" and I only have to do it two or three times a year on my side.
It`s a lovely tree with lots of different bird activity plus squirrels and my neighbours cats climbing up it. My neighbour wants to chop off the offending 2 metres off the two branches (about half their length). I am concerned about this being detrimental to the aesthetic balance of the tree and also the health of the tree. 
Should I allow a tree surgeon to come onto my property and do the "surgery"?
I realise it would have to be done in Winter when the tree is dormant so there is only about a 4 week window left this winter.
As I am opposed to having this work done am I entitled to insisting the neigbour pays.
Any thoughts please.

Comments

  • Voyager2002
    Voyager2002 Posts: 16,120 Forumite
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    First thought: contact your council planning department. Probably they will slap a tree preservation order, restricting what work (if any) is allowed and so giving you a good reason to decline this request without personal conflict.
  • Farway
    Farway Posts: 14,500 Forumite
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    edited 1 February at 1:03PM
    I doubt you can insist neighbour pays, but asking can do no harm

    I'd avoid TPO route TBH, it may be a quick fix, but it can also become a headache over time, with you bearing the burden of it

    TPO do not stop trees being lopped about, but do drive up the cost due to everyone getting involved on how and what is done

    Where I volunteer, we had two huge TPO oaks, neighbour applied for & was granted permission, against our wishes, to get branches lopped off, but due to TPO this involved extra work, balancing tree etc

    That was first bite, he came back via his insurer a couple of years later, and both trees have been now been felled despite TPO, luckily we are charity & insurer donated our portion of the costs

    TPO council insisted we plant two tree to replace them, the irony is they specified Silver Birch, but planted away from neighbour

    Not many councils can afford to fight or indemnify an insurance company despite TPO

    Personally, ask for donation & get them lopped to your standard and avoid a forever war

    Eight out of ten owners who expressed a preference said their cats preferred other peoples gardens
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,111 Forumite
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    edited 1 February at 1:44PM
    Usually neighbour is free to cut anything over hanging their boundary as long as they don't cause damage to the tree (that would cause it die or fall). 

    Neighbour is free to do this themselves or pay someone to do. If you are cornered they'll do a bodge job or want to keep neighbourly relations you can cut yourself/pay someone or come to an agreement about splitting costs. 

    When you say large how thick are the branches at the point they overhang boundary?  (Photo probably says a thousand words :)
    In the game of chess you can never let your adversary see your pieces
  • where_are_we
    where_are_we Posts: 1,204 Forumite
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    its the branches on right - probably about 2" to 3 " diameter halfway down

  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,111 Forumite
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    edited 1 February at 3:04PM
    Due to the height that is probably beyond the scope of DIY, depending upon relations with the neighbour you could either say they are free to cut back to the boundary and hope they find it too much trouble or find a decent tree company yourself who can tend to the tree so it's reduced somewhat all round so you still have a tree shaped tree.

    A decent company will likely need to climb up on ropes and lower the branches down carefully, it might cost more than your neighbour thinks. 

    There was a thread o the consumer rights board a long time ago where the poster had cut back trees, neighbour complained to police as the tree surgeon had gone too far over and the poster had ended up with one of those community orders. If you leave it to the neighbour I'd ask to be informed of when and keep an eye on the work to ensure they don't cut back past the boundary (unless you agree to such).

    I think it's a shame we cut down so many trees but some people simply see them as a nuisance, it's great you want to keep it and let the wildlife have a home but from that perspective your neighbour may simply not care at all :)  
    In the game of chess you can never let your adversary see your pieces
  • Eldi_Dos
    Eldi_Dos Posts: 2,113 Forumite
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    I think the most neighbourly way to deal with this is not cutting back the branches but finding out what is causing the pigeons to roost there and defecating when they take flight.
    Is someone feeding the pigeons?, if so asking them to stop would possibly help restore tranquility.
  • -taff
    -taff Posts: 15,255 Forumite
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    I'm firmly in the camp of the neighbour seeing as we had a multistemmed leylandi/cypress cross in our neighbours garden growing a metre a year and the subsequent damage from that.
    They can cut the branches off id they want to, they have to ask if you want them otherwise they have to get rid of them.
    If you want a better job done, then you will have to pay yourself to get it done. You can ask if they want to contribute but they don't have to, just as if they employ someone to do the work, you don't have to.
    I would go nicely with tea and cake and a timeline for whatever action is decided in case they decide their way os better and do it anyway, whether it is the season for chopping or not.
    Non me fac calcitrare tuum culi
  • Sapindus
    Sapindus Posts: 640 Forumite
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    Take the branches off where they join the main trunk.  Much better for the tree than lopping it all over as "tree surgeons" will try and do, it will look horrible and regrow in an ugly way and be just as big within a few years.  If you take out the whole branch the tree doesn't react as vigorously.

    I think it's a bit late for pruning birch now depending where you are in the country, the sap will be starting to rise and the wounds will weep a lot.  See if you can persuade your neighbour to let it wait until the autumn.
  • Maka29
    Maka29 Posts: 38 Forumite
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    Have you seen 

    Darlac Pocket Rope & Chain Hand Saw Pruner Cutter Roots Logs DP164 High Pruning.


    It's on b and q. There are YouTube videos on people doing this as DIY.
  • FlorayG
    FlorayG Posts: 2,200 Forumite
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    If you love your tree get a professional in to see to it. They will cut off the 'offending' branches and then probably one or two on your side to balance the weight and improve the aesthetic. Leaving it to your neighbour will mean butchery and it will look awful
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