Conflict with neighbour over a tree
I live in a council house both my partner and I work. My neighbours, one is disabled due to a bad back her partner doesn't work as he claims to be to over qualified to get a job!
They have a large tree growing in their garden which overhangs into ours and as it is a willow tree it grows fast and spreads and leaves mess everywhere.
We tried to cut the tree back on our side at the weekend. Only to get screamed and abused verbally by our neighbours about touching their tree. They then informed us we are not allowed to touch the tree until the housing management people have been to see us.
Apparently they had already reported us for "touching the tree" the week before. This came as a bit of a surprise and was the first we had heard of it.
We now have housing management getting involved over us trimming a tree. All he had to do was pop round the week before and let us know he had spoken to housing and that we had to await their visit. At that point we would have called housing and clarified the situation said and that would of been the end of it until they came to visit.
Instead now we feel so much anger and frustration towards our neighbours. This whole conflict around the trimming of this tree could have been so easily avoided. These people clearly have nothing better to do with their time because they moan and complain about anything. They don't even go in the garden anyway as the sun brings her out in a rash apparently!
By: Noo
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Tcharlach. The contractor. but if it was a cash in hand no V.A.T contractor. Your neighbour may end up with the bill.
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A neighbour employed a contractor to cut down and remove a very large problem tree. As contractor was cutting it down the tree split and a large portion fell against a block of Flats and damaged windows and gutters. The Flat owners believe a survey should be done to ensure there is no structural damage. Who is responsible for the damage and the survey?
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The problem I have is that the roots of my neighbours tree has lifted the paveing slabs and made it dangerous to walk on. My mother who is 98 liked to sit there but now can't .The bungalow is a let I have told Leaders the letting agent who say they have told the landlord. I have phoned the landlord and can only speak to a answer service.The hedge in the front garden is now over 6ft high and is laying over into my garden damaging in metal fence and its roots are in danger of pushing the wall and fence over.
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It has been mentioned before but worth repeating.
Both parties are tenants therefore neither have rights as regards ownership of the tree as this is classified under English law as 'fructus naturales'
As such, responsibility for the tree rests with the landlord - in this case the Local Authority.
Both parties are tenants therefore neither have rights as regards ownership of the tree as this is classified under English law as 'fructus naturales'
As such, responsibility for the tree rests with the landlord - in this case the Local Authority.
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Anyone having problems with neighbours trees:
Google "right to light law" u.k.
Also I think a law was passed last year which deals with this problem, ( leylandi law? )
It can be dealt with by your local council, a fee is payable.
Haven`t read all the posts in this thread so forgive me if I`m repeating advice.
Google "right to light law" u.k.
Also I think a law was passed last year which deals with this problem, ( leylandi law? )
It can be dealt with by your local council, a fee is payable.
Haven`t read all the posts in this thread so forgive me if I`m repeating advice.
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How can she be a free loader if she is disabled I would refuse to cut with your attitude, It is polite to ask? dragged up?
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I have 2 large trees blocking light and over hanging my garden. 1 of the trees is so large that it hangs over my drive and is apprax 3 feet from my house. I have spoken with the people next door and they wont do anything about it, what can I do
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Fed up, why can't you just cut it and pass it back? It's the only way to keep a friendly border.
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There's no way you could charge your neighbour as you suggest. It would lead to chaos because of all the gardens it would apply to. What court would dare to set a precedent like that?
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My neighbour's tree keeps growing over into my garden and it sheds leaves into my pond. When I complain he tells me to cut it and throw it over into his garden, but is that MY job? Why do I have to do that for his tree? Can I get a gardener to do it and send him the bill? Can I charge for cleaning up his leaves that fall in my garden?
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dig as far down into the ground towards the trees roots, then poor some bleach and chlorine in and then watch it wilt away
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Neighbour from HELL - 13-May-10 00:21
The law states that you should get permission to cut off branches of a neighbours tree. If it is on council land it is up to the council or housing association to get it trimmed. When you cut the branches they should not be thrown back over the fence but instead "offered" back to them, they can refuse and then it is up to you to dispose of them.
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Thatcham Tony,
You are correct. I had a problem with my neighbour over the state of their garden. I asked nicely if the could cut the weeds away from the fence atleast, as the brambles were growing under and over my fence and my children would end up stepping on them when bare footed, or getting scratched. The bind weed would choke all my plants along the borders and were rooting into my new lawn.They refused to cut the weeds back, so I asked their housing office what I could do.
I was told that I could cut off all that come into my garden, but must return all that I cut, or I could be charged with theft !!!
So I cut all that was offending and returned it straight back over the fence. Within a couple of days, I received a letter of complaint from their housing office, stating that I had been throwing MY weeds into their garden.
It's just aswell I took photo's before I cut it all back, as it saved me alot of trouble proving who the weeds belonged to. It also wiped the grins off of their faces.
You are correct. I had a problem with my neighbour over the state of their garden. I asked nicely if the could cut the weeds away from the fence atleast, as the brambles were growing under and over my fence and my children would end up stepping on them when bare footed, or getting scratched. The bind weed would choke all my plants along the borders and were rooting into my new lawn.They refused to cut the weeds back, so I asked their housing office what I could do.
I was told that I could cut off all that come into my garden, but must return all that I cut, or I could be charged with theft !!!
So I cut all that was offending and returned it straight back over the fence. Within a couple of days, I received a letter of complaint from their housing office, stating that I had been throwing MY weeds into their garden.
It's just aswell I took photo's before I cut it all back, as it saved me alot of trouble proving who the weeds belonged to. It also wiped the grins off of their faces.
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Hi, I have been under the impression the law allows you cut anything that encroaches your
borders and you are whitin your rights to put the cuttings back to the owners side of the
boundry, but you can not keep the cutting for yourself without consent of the owners, I was
given this infomation by: West-Berks Council, some time ago and I still abide by it.
borders and you are whitin your rights to put the cuttings back to the owners side of the
boundry, but you can not keep the cutting for yourself without consent of the owners, I was
given this infomation by: West-Berks Council, some time ago and I still abide by it.
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Thatcham Tony - 9-Mar-10 11:00
Sprinkle some Copper sulphate around the trees roots. That will get rid of it
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I have heard that willow trees should not be planted too near buildings as their roots can cause great damage not only to buildings but also drains. The roots could spread as far as 30 metres depending on type of soil and dry weather conditions. You may need to get expert advice on whether this tree is or may be a threat to any of your buildings. Good Luck!
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Jonny, I think the tree is kind of guilty of sitting on the fence on this one. Complaints like this are logged at police stations all over the country and it's an issue that rings true for a lot of disgruntled neighbours. In case you haven't twigged, this kind of thing just leaves bad feeling.
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The poor tree is stuck in the middle of this. Has anyone spoken to it about how it feels?
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You do not specifically state if your neighbour is also a tenant but as the Housing Management staff were involved I assume they are.
As tenants your rights over the tree are limited because and neither you nor your neighbour actually own anything connected with the property. The owners (presumably the local authority) will have procedures to follow to ensure the safety of tenants and others is not compromised by unauthorised amateur tree surgery.
I am afraid that your actions probably broke the terms of your tenancy agreement and, regrettably in this case your neighbour is correct although they could have been more dimlomatic.
As tenants your rights over the tree are limited because and neither you nor your neighbour actually own anything connected with the property. The owners (presumably the local authority) will have procedures to follow to ensure the safety of tenants and others is not compromised by unauthorised amateur tree surgery.
I am afraid that your actions probably broke the terms of your tenancy agreement and, regrettably in this case your neighbour is correct although they could have been more dimlomatic.
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I think that you (the original poster) are in the wrong, as it would have been very simple for you to have approached the owner of the tree before hand and signaled your intention to trim the overhanging branches which covered your boundary.
This would have been very simple and polite, besides, why would, or should, the owner of the tree even bother to consult you at all regarding the tree? Surely if you are the ones with the issue with the tree, then the onus is on you to try and come to some compromise with the owner of the tree as otherwise you have little redress with the legal system as you cannot do anything with the tree other than trim branches which encroach onto your property.
This would have been very simple and polite, besides, why would, or should, the owner of the tree even bother to consult you at all regarding the tree? Surely if you are the ones with the issue with the tree, then the onus is on you to try and come to some compromise with the owner of the tree as otherwise you have little redress with the legal system as you cannot do anything with the tree other than trim branches which encroach onto your property.
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