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
Comments from visitors
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.
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.
Neighbour from HELL - 13-May-10 00:21
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.
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.
Thatcham Tony - 9-Mar-10 11:00
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.
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.





