neighbours tree

[jaybo1973]

Hi all.

 

I have lived in my property for a few years and the neighbours huge silver birch has always bothered us. We have a west facing garden and the neighbours are on our left. The tree is on the right of there garden and about 2 foot from the boundary fence. The tree is huge and goes half way across the width of our garden. It blocks out garden from the sun in the after noon, causes moss, stops us from drying washing, stops my 5 year old children from enjoying the sun, drops leaves, and those seeds get everywhere in the house. We spoke to them about it a couple of years ago and they did agree to have some cut back if we paid half which we did. Hardly anything was removed, it just looked nearer. We have never mentioned it since but the tree had got even bigger. We sent a letter to them last week asking if they had plans to have it trimmed again, listing the above. They replied saying that they felt that they were unable to have it cut because of the sentimental value and the joy they get from watching the birds. We have told them that we intend to have the branches chopped back to the boundary and they aren't happy. They have said that the tree guy can't rest his ladders on the trunk and we are not to give them the branches back. Where do we stand? Thanks

[geoff]

The owner is within his rights to not want the branches returned, & to request not to go onto his property, you are within your rights to have the limbs overhanging your property worked on, at your expense, but must not render the tree unstable etc.

Being that the tree is so close to your boundary, it is likely that the work proposed will have an adverse effect on the tree, ( which will also bleed at this time of year).

I would advise you try to come to an agreement to reduce the whole tree in some balance, if this is not possible, compromise by reducing the limbs on your side, under the advice of a reputable arborist, rather than cutting back to your boundry.

This may not be what you would rather, but could well be the best outcome for you in the long run.

[marcus_arb]

Legally you can prune anything in 'your airspace' basically anything over your boundary line. But the branches are the property of the tree owner so technically should be returned unless both party's agree otherwise. My advise would be to contact a reputable arborist and have a meeting with them and your neighbours to discuss what can be done with the tree and come to some sort of middle ground

[skyhuck]

You can legally cut back to boundary, so long as there is no TPO and your not in a conservation area. As they had told you they do not want the branches I would be neighbourly to dispose of them your self. If the tree is as you describe, your arborist should be able to access the tree from the over hanging branches on your side, if he crosses the boundary without consent, he would be trespassing.

 

As the tree was there before you bought the house, would it not have been better to find a house without such a neighbouring tree?

[jaybo1973]

You can legally cut back to boundary, so long as there is no TPO and your not in a conservation area. As they had told you they do not want the branches I would be neighbourly to dispose of them your self. If the tree is as you describe, your arborist should be able to access the tree from the over hanging branches on your side, if he crosses the boundary without consent, he would be trespassing.

 

As the tree was there before you bought the house, would it not have been better to find a house without such a neighbouring tree?

 

7 years ago, the tree wasn't as neighbourly, nor did we have children. It actually 'looked' OK back then. It as since grown with a vengeance. I understand the point about trespassing, put her will be two foot in to their garden, on a ladder which will be footed in our garden. I guess the guy coming out has dealt with this situation before

[jaybo1973]

Just another quick question on this. The tree is approx 35 years old. What if the proposed work was to kill the tree? I wouldn't want this, and I would rather have the tree trimmed equally. But if the work was to kill it, would we be liable even though we are in our rights to chop it back?

[geoff]

If you kill the tree you will be liable, if you render it unstable by removing all the crown from one side, same thing.

Thing is, people buy a house without looking at growth rates of nearby trees, potential for extensions or building nearby etc, then find themselves not happy with how things change, some things can't be seen without a crystal ball, others are fairly obvious, I think your neighbors tree falls into the latter, & I would urge compromise on a legal & moral basis.

[treesrus]

and if you do any work without permission from your neighbours, regardless of whether it is on your side, it is then criminal damage. as said previously, trees grow, when you bought the house you should have considered that. it could be much worse, if it was a beech or a leylandii. birch are delightful trees, learn to live with it.

to get more light, you could suggest a crown lift, and some work to narrow the crown, that way, the shadow of the tree will move more.

Edited April 9, 2014 by treesrus

[jaybo1973]

and if you do any work without permission from your neighbours, regardless of whether it is on your side, it is then criminal damage. as said previously, trees grow, when you bought the house you should have considered that. it could be much worse, if it was a beech or a leylandii. birch are delightful trees, learn to live with it.

to get more light, you could suggest a crown lift, and some work to narrow the crown, that way, the shadow of the tree will move more.

 

Delightful out not, it is far too big for our small gardens. Not true about getting permission though, as far as I understand I don't need it, but by asking me in writing if we can dispose of the branches, they have given it.

[skyhuck]

If you kill the tree you will be liable, if you render it unstable by removing all the crown from one side, same thing.

Thing is, people buy a house without looking at growth rates of nearby trees, potential for extensions or building nearby etc, then find themselves not happy with how things change, some things can't be seen without a crystal ball, others are fairly obvious, I think your neighbors tree falls into the latter, & I would urge compromise on a legal & moral basis.

 

and if you do any work without permission from your neighbours, regardless of whether it is on your side, it is then criminal damage. as said previously, trees grow, when you bought the house you should have considered that. it could be much worse, if it was a beech or a leylandii. birch are delightful trees, learn to live with it.

to get more light, you could suggest a crown lift, and some work to narrow the crown, that way, the shadow of the tree will move more.

 

I sorry but unless I'm very much mistaken both the above are completely wrong, your neighbour does not have the right to steal your air space with their tree. The over hanging branches can be removed, to boundary, they should offered to the tree owner, if the tree dies or is unstable (which I personally think is nonsense) tough, the tree should not have been planted so close to the boundary.