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

[Kylus Sylvestris]

On 14/07/2025 at 15:43, LilyLangtree said:

Hello everyone,

I hope this is being posted in the correct forum.  My neighbour has applied to the Council to cut back my tree which he says is overhanging the boundary but the boundary is in the wrong place as confirmed by a RICS boundary surveyor recently.  Tree has TPO.  I've objected under the application but I'm worried the Council won't consider boundaries.  He's 3 metres onto my garden.  Any advice greatly appreciated.

Anyone can make an application to work on a TPO'd tree. And the Council must consider it. They don't concern themselves with boundaries (or even ownership necessarily). The application will be determined on its merits. BUT even if approved, the owner of the tree must consent to any works on their land. The applicant, if successful can undertake works overhanging their property. And I guess thats the issue here - where is the boundary?  If you've made an objection covering the issues here, then the council must take into account what works are likely to be implemented, and if this has a detrimental effect on amenity it should be refused.  If you've not covered all relevant issues - submit another objection, supply more evidence, shout from the rooftops.... good luck

 

[GarethM]

Personally I'd be speaking to the solicitor, the conveyor and checking his title deeds/estate agent paperwork.

 

As while they have determined the boundaries, it's going to become a legal quagmire as he rightly or wrongly believed it was part of his property for some reason.

[Mick Dempsey]

4 metre high Laburnum?

 

Park up the crane lorry and stick the 880 back in the shed lads. 

[LilyLangtree]

50 minutes ago, Mick Dempsey said:

4 metre high Laburnum?

 

Park up the crane lorry and stick the 880 back in the shed lads. 

Exactly, it's a young tree and what he's proposing to do is basically cut the side off it.  What you said gives me hope that the tree officer will say no.

[Mick Dempsey]

14 minutes ago, LilyLangtree said:

Exactly, it's a young tree and what he's proposing to do is basically cut the side off it.  What you said gives me hope that the tree officer will say no.

Tbh I’m surprised what amounts to little more than a shrub has an individual TPO. 
But there you go. 

[AHPP]

16 minutes ago, LilyLangtree said:

Exactly, it's a young tree and what he's proposing to do is basically cut the side off it.  What you said gives me hope that the tree officer will say no.

 

Are you hard of comprehension? It doesn't matter what the tree officer says. It's your tree with a canopy over your land. Unless it does still spill into your neighbour's land. Which we don't know because you haven't posted a photo or a sketch map. We get bloody irritated giving free advice to people who can't be arsed to help the process along.

[Mick Dempsey]

23 minutes ago, AHPP said:

 

Are you hard of comprehension? It doesn't matter what the tree officer says. It's your tree with a canopy over your land. Unless it does still spill into your neighbour's land. Which we don't know because you haven't posted a photo or a sketch map. We get bloody irritated giving free advice to people who can't be arsed to help the process along.

Harsh, but at this point, fair. 

[tree-fancier123]

24 minutes ago, AHPP said:

. We get bloody irritated giving free advice to people who can't be arsed to help the process along

most of the consultants who joined the forum soon got fed up of working for nothing on here

[Mick Dempsey]

6 minutes ago, tree-fancier123 said:

most of the consultants who joined the forum soon got fed up of working for nothing on here

Perhaps they do, I suspect it’s the selective nature of the info given, and the frequent disappearing. 

[dan blocker]

The picture I get is that the tree is on a boundary line? However the boundary is in the wrong place and the real position as been marked with pegs? If the existing disputed boundary is marked with post/ stakes and wire etc and as been like that more than 12 years before the dispute started officially with solicitors letters flying back and forth then the neighbour has adverse possession and can claim it as lawful as far as I’m aware. The line of pegs does not constitute a boundary? If you haven’t already started the process using a solicitor then you’re wasting time? That’s the only way this will get resolved - legally. The TPO issue is minor in comparrison to 3 metre strip of land🤔