Tree issue in my garden

jaguar71

The Kit Master
Joined
Mar 17, 2005
Messages
859
Hi, I have an issue with a neighbour regarding a tree in my garden, I have quite a large fir tree in my front garden which I have pretty much let grow (as no one has complained before) I like it because we have a nosey neighbour opposite who likes to watch everything you do so this tree stops him from looking in your windows all day, An issue has now risen as someone has moved in 3 years ago on the end of the road next to me, His garage is at the end of his garden near my property, Quite rightly he can to complain last year to me that he could not get a good access to his garage so I has someone come out and completely cut back the tree and also to take the top out and cut it down to about 20' . As it stands now he has no problem getting in or out of his garage, The tree isn't anywhere near now from that side, All was well until Saturday when he came around and started on my missus saying he wants the tree taken out and what are we going to do about it, Well as stated I really don't want to take this tree out as explained at the top, I feel that I have done everything practicable to make sure this tree does not encroach on his property, I actually think its because now when he looks out of his window he sees a brown side of the tree where it used to be green and maybe looks unsightly to him, The other thing he does now is part his car right on the path next to the tree making it hard for people to walk passed, I have put a picture of the tree here, I hope it comes out (its before the tree was cut back and the top taken out), My house is on the left with the tree in the front garden his garage in front and his house to the right, where do I stand on this as I really do not want to remove the tree completely, I don't mind keeping under control as it is my tree
 

Attachments

  • Tree.JPG
    Tree.JPG
    134.1 KB · Views: 98

Peter

'Mugger'
Staff member
Site Supporter
Joined
Sep 18, 2001
Messages
23,154
Hard to comment without seeing an "After" picture, however if the tree in question doesn't encroach on his property now it's hard to believe that he has any grounds for complaint.
However if the tree is a leylandii there could be a potential problem with the roots undermining the slab/footings of his garage given the close proximity to your tree but that's another issue
 

jaguar71

The Kit Master
Joined
Mar 17, 2005
Messages
859
Here's a photo from this morning, you can see that the tree has been completely cut away from his garage, I do agree that if the root system was causing an issue then it must come out but there isn't any evidence of this, everything is solid.
 

Attachments

  • tree 2.JPG
    tree 2.JPG
    125.2 KB · Views: 83

drw

Regular member
Site Supporter
Joined
Jun 22, 2008
Messages
842
Consult your local council and see what they say I bet your miserable neighbor has and your within your rights that’s why he’s harassing you and your wife
 

Phoenixicus

Regular member
Account Locked
Joined
May 21, 2017
Messages
10,084
As long as the tree does not restrict access to his property or a public right of way then there is no access issue.
If it does encroach over his property they have no right to cut the tree back as it's roots/stump are your side of the boundary.
You would however be expected to maintain the tree to an acceptable standard which due to the nature of these trees will mean at some point in it's growth it will have to be cut back so only brown is showing.
If that is the case and you cannot see the brown from you side of the property then just keep cutting it back.

TBH they do look s**t when you get to that stage and i would hate it if I had to look at it from my side.
 

groundhog

Life Survivor
Joined
Jan 30, 2007
Messages
10,133
As long as the tree is not encroaching on his property there is nothing he can do, if there is any overhang from anything in your garden over his property , he is entitled to cut it off, But by law anything he cuts off he Must give you back.
 

jaguar71

The Kit Master
Joined
Mar 17, 2005
Messages
859
I have no issue with him cutting off anything that encroaches his property, He mentioned a branch that bent right over when we had that heavy snow a couple of months ago but all righted itself when the snow melted,
 

Phoenixicus

Regular member
Account Locked
Joined
May 21, 2017
Messages
10,084
The problem with trees/hedges as borders though is as Peter mentioned the damage they are doing to foundations and structures
There are plenty of successful compensation claims for this if you do a search.
Groundhog is right what he says but this is then another contentious area as cutting a significant area of tree back to the brown can in some instance be classed as destruction and anyone arsey enough could escalate it.

If it has got as petty as a one off branch which was obviously due to extreme weather then you can guarantee a problem will just be on the horizon.
 

daniel121

Account Closed
Joined
Apr 13, 2008
Messages
8,970
Well as DRW has said already, best people are your local councillor they work for us, so get ya taxes worth. Having said that If it were me id speak to the guy, keeping good relations with neighbours is paramount to a happy home enviroment i think. To be honest from your second photo it looks bloody awful and from first very over grown.

The chat with your neighbour may go better than you think, maybe he would be happy to pay a little towards the removal tree surgeon fee, on the agreement you buy a smaller version of what appears to be a laylandi? That would be the ideal way forward a little compromise goes a long way,
 

jaguar71

The Kit Master
Joined
Mar 17, 2005
Messages
859
Things have moved on a bit now. My Neighbour has written me a letter giving my 4 weeks to remove the tree, I have already contracted a tree surgeon to come a trim the top out and cut all the branches from the neighbours side but this can not be done until the first week of September but the A$$ole has contacted the council which I got a visit from yesterday, They have looked at the tree and told me that there isnt anything wrong with it and they will take no further action so that has back fired on him, I wish he would just go away!!!
 

ukzero1

Growing old disgracefully.
Site Supporter
Joined
Oct 3, 2004
Messages
16,679
As with all councils, never assume, insist on written proof of the fact that's it's fine then you have some ammunition.
 

dry nets

apprentice stormtrooper
Site Supporter
Joined
Feb 26, 2005
Messages
9,322
I have a 100ft long hedge running up the drive. A woman next door but one complained to the council when I gets it cut. Council came told me I’m nothing a great job and carry on if I wish or ring them and they’ll cut it. They didn’t tell her and she still gets off on one when it’s being cut. I only tidy it up when it’s over hanging and trim it down to six foot height. I’ve learnt her working days and it’s done when she’s at work now.
 
Top