Neighbour's application to cut back my tpo'd tree

[Steven P]

If the boundary is currently disputed, marked as it should be or otherwise as above then adverse possession doesn't work as I understand it - only works if the original landowner (you) isn't disputing things?

 

For the tree, you might mention to the neighbour that while the boundary is under dispute / discussions that they can only go to the line their side of that border? Assuming some civility with the neighbours.

 

 

Does the tree cause them issues - as DaltonTrees says?

[daveatdave]

if they come on to your land and cut the tree its aggravated trespass which is a criminal crime 

[AHPP]

It’s less a TPO issue, more a boundary issue. Was the boundary survey commissioned by you, them or both of you jointly? Are they bound by the findings of it, like a contractual mediation or arbitration?

 

I sense the time for niceness has passed and you may need to knock a firm line their way before they take this liberty and then no doubt a load more after. I’d suggest a letter delivered by hand (video putting it through door), by first class stamp (video posting it) and by recorded/signed delivery that includes the boundary, an instruction to not enter or touch your property and the police call centre (101) reference (something like ‘Gloucestershire constabulary call log number 123 of 16th July 2025’). The 101 call should go along the lines of explain the background, say that you think your neighbour is likely to commit various criminal offences when they come pruning, get an email address to furnish them with documents (boundary survey, TPO application) and get the log number. 
 

A sign on the tree visible from their side saying RECENT BOUNDARY DISPUTE will make most tree surgeons walk away if they’re not going to prune it themselves. 
 

Assuming their balls shrink and they don’t do anything, follow the letter up in three months:

“I note you got back in your box. Stay there. You’re still on my radar and won’t drop off it until you’re dead.

Love Lily xx”

 

Good luck. Keep us apprised. 

Edited Tuesday at 23:35 by AHPP

[kram]

2 hours ago, daveatdave said:

if they come on to your land and cut the tree its aggravated trespass which is a criminal crime 

All you could do is small claims court for miniscule damages. Police will not be interested in a criminal prosecution (unless its the sycamore gap).

[Mick Dempsey]

5 hours ago, AHPP said:

It’s less a TPO issue, more a boundary issue. Was the boundary survey commissioned by you, them or both of you jointly? Are they bound by the findings of it, like a contractual mediation or arbitration?

 

I sense the time for niceness has passed and you may need to knock a firm line their way before they take this liberty and then no doubt a load more after. I’d suggest a letter delivered by hand (video putting it through door), by first class stamp (video posting it) and by recorded/signed delivery that includes the boundary, an instruction to not enter or touch your property and the police call centre (101) reference (something like ‘Gloucestershire constabulary call log number 123 of 16th July 2025’). The 101 call should go along the lines of explain the background, say that you think your neighbour is likely to commit various criminal offences when they come pruning, get an email address to furnish them with documents (boundary survey, TPO application) and get the log number. 
 

A sign on the tree visible from their side saying RECENT BOUNDARY DISPUTE will make most tree surgeons walk away if they’re not going to prune it themselves. 
 

Assuming their balls shrink and they don’t do anything, follow the letter up in three months:

“I note you got back in your box. Stay there. You’re still on my radar and won’t drop off it until you’re dead.

Love Lily xx”

 

Good luck. Keep us apprised. 

We only hear one side of the story. 
A photo of the tree in context would help. 

[AHPP]

Yes… Someone said this a couple of weeks ago. We rather have to take it on trust or there’s no point this bit of forum being here. You’re quite right about the photos. Lily. Post photos (tree, survey etc) and I’ll tell you if my answer stays the same. 

Edited Wednesday at 05:36 by AHPP

[LilyLangtree]

13 hours ago, AHPP said:

Yes… Someone said this a couple of weeks ago. We rather have to take it on trust or there’s no point this bit of forum being here. You’re quite right about the photos. Lily. Post photos (tree, survey etc) and I’ll tell you if my answer stays the same. 

It was actually the neighbour who got the survey as he was so sure he wasn't encroaching and still doesn't accept the outcome.  Even the surveyor thinks he's crazy.  I've spoken with the tree surgeon who was going to cut the tree back and he's not going to do it now but I'm worried the neighbour will just hire someone else.  The council have said it's a civil matter and if they give consent I will need to contact my solicitor.

[Bolt]

11 hours ago, LilyLangtree said:

It was actually the neighbour who got the survey as he was so sure he wasn't encroaching and still doesn't accept the outcome.  Even the surveyor thinks he's crazy.  I've spoken with the tree surgeon who was going to cut the tree back and he's not going to do it now but I'm worried the neighbour will just hire someone else.  The council have said it's a civil matter and if they give consent I will need to contact my solicitor.

Do you have a photo of the tree, boundary, pegs etc.? - Just for context, you understand.

 

[kram]

You have not said what species of tree or its size, thats quite significant for a border and tree dispute.

 

Why does your neighbour want the tree cut? Does he percieve it as blocking light? Perception of danger?

 

What has he put on the TPO application? Is he wanting to side it up to his percieved boundry, top it, crown lift?

 

A photo would answer most of that..

 

Until then I wonder if your neighbours request is a perfectly reasonable one.

Edited 18 hours ago by kram

[LilyLangtree]

7 hours ago, kram said:

You have not said what species of tree or its size, thats quite significant for a border and tree dispute.

 

Why does your neighbour want the tree cut? Does he percieve it as blocking light? Perception of danger?

 

What has he put on the TPO application? Is he wanting to side it up to his percieved boundry, top it, crown lift?

 

A photo would answer most of that..

 

Until then I wonder if your neighbours request is a perfectly reasonable one.

The tree is Laburnum and it's approximately 4 metres in height.  He wants to take branches off the side that he believes crosses the boundary.  The reason he gave is that it's encroaching on his garden and he wants to put a shed on the land.  His surveyor has told him it's not on his land and now the Land Registry have sent me the original deed of when the field was divided and our 2 houses were built which clearly shows the old farm building where the boundary was taken from.