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Neighbour complaining about tree

2

Comments

  • DigForVictory
    DigForVictory Posts: 11,906 Forumite
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    All the best with/to your mum, with the photos, the tree & the neighbours.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    How tall is the tree?
    How much taller is it since your parents moved there?
    How much taller is it since that neighbour moved there?

    There might be some benefit to be gained by cutting it back a bit/reducing its height a bit.... as things go forward it will be less of a liability/worry in future years in winds/storms in any case.
  • Davesnave wrote: »
    Let us approach this rationally....

    The neighbour is entitled to cut back any overhanging branches as far as the boundary. That's the law, without any caveats about stability or how much money anyone might have.
    I don't agree with that comment, nor do these websites:
    https://www.rhs.org.uk/advice/profile?pid=1022
    Am I liable if I cause damage to a neighbour’s tree as a result?
    Yes. In law you would be considered negligent. Sometimes branch removal can lead to tree failure due to disease, a change in the balance of the tree, or different wind loading that causes the tree to blow over.

    https://www.trees.org.uk/Trees.org.uk/media/Trees-org.uk/Documents/GuideToTreesAndTheLaw-Web.pdf
    It is generally best to discuss your concerns with the tree owner beforehand, but under established ‘common law’, you should be able to prune branches and roots that grow over your boundary, with or without the owner’s consent. You also have a legal duty, however, to take ‘reasonable care’ whilst undertaking the works, and you may be liable if you damage your neighbour’s tree, or cause it to become unstable

    There are many things that the law allows you to do but in general, you still have to be responsible when doing what the law allows.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    I don't agree with that comment, nor do these websites:
    https://www.rhs.org.uk/advice/profile?pid=1022

    https://www.trees.org.uk/Trees.org.uk/media/Trees-org.uk/Documents/GuideToTreesAndTheLaw-Web.pdf

    There are many things that the law allows you to do but in general, you still have to be responsible when doing what the law allows.

    Arggh! I omitted a word and unwittingly altered the meaning of my first paragraph.

    Maybe you should have read on; we're saying similar things.

    Anyway, I've put the word in, so the post won't mislead anyone now. Thank you. :)
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    There might be some benefit to be gained by cutting it back a bit/reducing its height a bit.... as things go forward it will be less of a liability/worry in future years in winds/storms in any case.
    A neighbour had a weeping ash severely reduced in 2018, because it was dominating her garden. It's grown back well. Ash takes pruning in its stride.
  • Joey2
    Joey2 Posts: 11 Forumite
    Update. Forgive me everyone I don't know if I'm only supposed to reply to people individually. I'm very grateful to everyone's input.
    Tree now photographed. It's approximately first floor height so that's
    approx 15ft. On the surface healthy. Coming off Main trunk branches are heigher
    than height of fence (5ft) so any of those favouring neighbour's garden are high up. a 'knuckle' at about 10ft height off main trunk appears to have been cut off but needs further verification. Basic description Main trunk splits into three vertical thick branches with the
    obvious 'fanning' smaller branches coming off them. Two of these thicker branches (making a V) are definitely well within my Mothers boundary, the third more the neighbour's. Cutting that thick branch would more than likely make tree uneven as whatever leafing ensues over Spring and Summer with small branches will only be on the two 'V' branches on my Mothers side.
    Tree is Sycamore and handsome, quite majestic in the skyline despite suburban cut everything tall around in other gardens look! Entire neighbourhood streets have many at the front of houses, so obviously the original design when houses built roads set out.
    Person taking photos noticed new decking next door. Without the third
    thick branch 'their side' (assuming it would be safe to cut it off which is a bit like cutting tree in half vertically) the leaves from tree will still blow in
    neighbour's garden. Could be this is their issue.
    Parents owned house almost 40 yrs, tree was there then but skinny.
    Neighbour's there 6 yrs approx.
    I'll look on link suggestions, from the outset it hasn't made sense to me
    that anyone could cause something not dangerous to become so.
    I don't think right of light is an issue if I've understood correctly as
    No windows are covered and trees been there a very long time.
    Again thank you all so much.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    Joey2 wrote: »
    Tree now photographed. It's approximately first floor height so that's approx 15ft. .......
    Parents owned house almost 40 yrs, tree was there then but skinny.
    If it's only around 15' high after 40 years, it's not a sycamore, though it might be a maple, which is in the same family.

    Fifteen feet is no height for an ordinary non-grafted tree; many of the native trees we planted in the winter of 2014 have exceeded that already. Whatever it is, it's probably suited to a residential environment and unlikely to put on rapid growth now.

    To be honest, I was imagining a tree of 30' plus, which would be of greater concern if lop-sided. We have about 8 or 9 oaks here of the 15' variety, preserved when we laid a roadside hedge, and most of those are uneven, because passing lorries and double decker buses limit growth on the road side. We have no worries about them falling at the small size they are now.

    Whatever the neighbour does, if they stay within the law, your folks are unlikely to end up with a dangerous tree IMO.
  • Joey2
    Joey2 Posts: 11 Forumite
    Davesnave wrote: »
    If it's only around 15' high after 40 years, it's not a sycamore, though it might be a maple, which is in the same family.

    Fifteen feet is no height for an ordinary non-grafted tree; many of the native trees we planted in the winter of 2014 have exceeded that already. Whatever it is, it's probably suited to a residential environment and unlikely to put on rapid growth now.

    To be honest, I was imagining a tree of 30' plus, which would be of greater concern if lop-sided. We have about 8 or 9 oaks here of the 15' variety, preserved when we laid a roadside hedge, and most of those are uneven, because passing lorries and double decker buses limit growth on the road side. We have no worries about them falling at the small size they are now.

    Whatever the neighbour does, if they stay within the law, your folks are unlikely to end up with a dangerous tree IMO.
    Thanks yet again for your input. I may be slightly out with the 15ft height I just calculated approx based on the top being level with first floor bedroom window almost from the photographs, either way it doesn't exceed 20ft and most definitely isn't 30ft.
    This is such a learning curve, I've found out 'right of light' which I kept reading about on various sites would only apply
    if tree differently positioned, was over 30ft and Evergreen so no
    ticks in those boxes.
  • warby68
    warby68 Posts: 3,021 Forumite
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    edited 21 November 2019 at 8:15AM
    I thought much bigger too?

    Surely if 15 feet you can arrange for it to be cut back professionally and it last a good few years if it grows so slowly.

    I'd still take a neighbourly proactive stance to avoid a hostile escalation and also to keep the tree looking nice for mum rather than hacked about by cross neighbours. I certainly wouldn't be looking for legal defences etc only as a very last resort. Whatever protection you might have (usually at significant legal cost), once its been 'attacked' by neighbours you can't reinstate it.
  • Living_proof
    Living_proof Posts: 1,921 Forumite
    First Anniversary Name Dropper Combo Breaker First Post
    I have a similar problem with a neighbour's tree, a silver birch which was just a small juvenile six years ago when I moved in. It is planted just one foot into their garden and now in the prevailing wind, the new growth of the now 20 foot tree is leaning over my side of the fence at an angle of about 30 degrees, threatening the greenhouse in my garden in strong winds. I know I can cut off branches encroaching my property but the main trunk of the tree is also now leaning across the fence and over my garden. The roots of the tree are also undermining a concrete base and I understand the roots can be cut back on my side. The inhabitants of the house are definitely not interested in a garden. It is full of junk and kid's toys, mostly broken and discarded. I have often thought of asking them would they consider cutting it down completely, but if not, can I cut all the growth which hangs over my side of the fence, including the main trunk?
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