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Neighbour complaining about tree

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Joey2
Joey2 Posts: 11 Forumite
edited 16 November 2019 at 2:08AM in Gardening
My v elderly parents garden has a medium sized tree I think it's an Ash. Neighbour's do not like any shade in their garden. Parents tree
is near boundary fence & causes some shade half way down their (neighbour's) garden.
Previously neighbour demanded of gardener to cut it down, he ignored them. Now I've been informed by text from neighbour's they want to prune on their side to the full height (not just branches going over fence), but the person coming to quote said something to effect of it will make tree this size uneven and compromise trees stability in winds. So neighbour wrote suggesting best option is to remove the tree and will I share the cost ! As if Treating tree as a mutually agreed nuisance !
My Mother would want to keep ANY tree in her garden.
I do not live nearby. Where do we stand? Does anyone have
suggestion. I'm concerned their pruning could cause later bigger problems, can someone knowingly prune a tree knowing it will make heavy limbs uneven?
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  • Carrot007
    Carrot007 Posts: 4,534 Forumite
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    Joey2 wrote: »
    My v elderly parents garden has a medium sized tree I think it's an Ash. Neighbour's do not like any shade in their garden. Parents tree
    is near boundary fence & causes some shade half way down their garden.
    Previously neighbour demanded of gardener to cut it down, he ignored them. Now I've been informed by text from neighbour's they want to prune on their side to the full height (not just branches going over fence), but the person coming to quote said it will make tree this size uneven and compromise its stability in winds. So they suggest best option is to remove the tree and will I share the cost !
    My Mother would want to keep ANY tree in her garden.
    I do not live nearby. Where do we stand? Does anyone have
    suggestion.


    Well options are.


    1. Tell them to F*** O**.


    If they persist and no one complains when it happens you will eventually end up with a "uneven and compromise its stability in winds" tree because some idiot with no knowledge will do it. They are not allowed to do this but will it stop them?



    2. Let them remove it.


    They pay all costs. Go for including the purchase of a new smaller tree as well.


    3. Dump 1 ton of manure on their drive.


    Serves them right.




    Basically what I am saying is you have not provided more than 10% of the information required to know what may occur.


    What are they like, what would they do, is any of it worth it? What can your parents afford to do. And many many many more questions.
  • Carrot007
    Carrot007 Posts: 4,534 Forumite
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    Joey2 wrote: »
    Does anyone have
    suggestion. I'm concerned their pruning could cause later bigger problems, can someone knowingly prune a tree knowing it will make heavy limbs uneven?


    People (idiots) will do whatever and not care about he consequences.


    Can your parents afford a 25/7 guard to watch over it?


    Yes they can take them up on it but it will be a civil mattter and very expensive. (the police will not be interested in bringing a criminal case for such a thing).
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    edited 17 November 2019 at 7:12PM
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    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 considering any caveats about stability, or how much money anyone might have.

    That being the case, the best thing to do is take a series of photos showing the tree as it is now. Then, if anyone de-stabilises the tree, as assessed by a properly qualified tree surgeon, the tree may be re-stabilised or replaced and the cost claimed via the small claims procedure.

    Once the photos are taken, there's no harm in advising the neighbour, in writing, of your concerns that they might upset the balance of the tree and the potential costs of rectifying that. Keep a dated copy.

    As it's an ash tree, which frankly can be a nuisance if it sheds seeds everywhere in a residential environment, then nature may intervene. The disease ash die back will eventually kill a large proportion of the ashes in this country.
  • DigForVictory
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    Get your parents wishes clearly written & clearly conveyed (recorded & signed for) to neighbour, with copy photos & potential instability issue documented & included.

    May you not have to sell at any time soon as this could become as issue you’d need to declare, but likewise may the neighbour decide to try tea & cake route & suggest replacing the worrying tree with something more acceptable to both at their expense.

    Hassling seniors is unbecoming.
  • unrecordings
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    Was the ash tree already mature when the neighbour moved in ? There's a long standing thing in this neck of the woods that people fall in love with it, buy a house then chop all the trees down in their garden or complain bitterly about the neighbouring ones

    and this: "Hassling seniors is unbecoming."

    In my own little armchair Machiavellian world I'd be tempted to 'sell' the tree to one of my more excitable mates and let the neighbours take it from there...

    Why am I in this handcart and where are we going ?
  • DigForVictory
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    Daytime TV is that bad. Still, would including more bodies make the seniors lives any more tranquil?!
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    Joey2 wrote: »
    My v elderly parents garden has a medium sized tree I think it's an Ash. Neighbour's do not like any shade in their garden. Parents tree is near boundary fence & causes some shade half way down their (neighbour's) garden.

    My Mother would want to keep ANY tree in her garden.

    If the tree was in the neighbour's garden and causing a lot of shade in your parents' garden, wouldn't you hope the neighbour would compromise?

    An ash isn't a good choice for a garden - your parents could have two or three much nicer trees if the ash was taken down (now, before it becomes diseased and the full cost has to be paid by your parents).
  • -taff
    -taff Posts: 14,503 Forumite
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    I've always thought it's quite rude to plant a tree knowing that eventually it will reach a size that will encroach on other peoples gardens.

    You're not allowed to build on someones garden, or build so that your building overhangs a garden, why would you decide a plant is ok?
    Shampoo? No thanks, I'll have real poo...
  • warby68
    warby68 Posts: 3,021 Forumite
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    I have some sympathy with the neighbours on this one

    The tree is encroaching and seems to have got too big for its location.

    Perhaps their 'assumption' regarding shared costs and more aggressive proposals are because they can't grasp that you do not see their point of view and are not proposing any solution yourself and are getting frustrated with you.

    If the tree can't be safely cut back to acceptable size all round I would replace it, although not without regret. I'd find it hard to argue that to have something on my land which is encroaching on a neighbour is fair. So from my viewpoint, the neighbour offering to share the cost is quite good.
  • Joey2
    Joey2 Posts: 11 Forumite
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    Yes the tree was already in the garden for many years prior to neighbour's moving in, previous neighbour's all had a different opinion on the tree to current ones. It does not cause shade near their windows etc more the lower end of the garden. Their 'style' from memory seems to be lawn and
    flower borders rather than a more mature looking garden so our tastes are at odds anyway from the start! I think the notion of shaded areas of any garden or shaded planting would be lost. I think if it's a reputable tree surgeon they've asked opinion of they may have been warned about risks of making a tree unstable and are now suggesting cheapest option which is convenient to them (with the opening line of we are about to prune) as they never wanted the tree there anyway and so suggest now going halves on it's total removal.
    I have asked someone to go and photograph the tree to verify it's size etc
    and note it's current shape hopefully this is before it's touched.
    My Mother (the one who loves All trees and felt the planet needs them) is not at the property as she is ill, I'm not able to be at the property
    as I'm caring for her hence the vagueness on is it an Ash. Thank you
    for all the suggestions and advise. I'll begin with getting photos.
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