Trees were here first!

Trees were here first!

Postby pottypanda » Sat Aug 11, 2012 5:13 pm

At the bottom of our very large, 100ft, garden we have 1 very large Sycamore and 4 large cherry's. This is where it get complicated, The house is council owned and my old, cripled mother is the tenant. We know where we stand with the council and tenancy agreement etc but there is a but!

The Sycamore was planted in 1954 when the house was built the Cherry's much later, probably the 80's. We've lived here around 20 yrs.

When our house was built the land behind was waste land which was developed in the late 90's and the gardens of those hideous houses were backed right up to our fence (we share a boundary accross the bottom) two days ago the thing at the bottom of the garden decided that she didn't like our trees anymore, ( so you have an idea of who I'm dealing with she's the kind of woman who gets married and immediately puts her husbands tackle in a jar and displays it on a shelf!!) Yes, they were over hanging but in 2010 the landlord came to our house with tree surgeons (because of other intolerant people) and substantially pruned/removed trees to their specification. Now, this woman was consulted at the time and she said that she didn't want them removing/heavily pruned because she liked them! two days ago the same woman with long reach pruners hacked away at all the trees completley decapitating one little tree, she didn't just cut them back to her fence she reached right over and hacked away. Also keep in mind that we don't have safe access to the tree on her side of the fence from our garden and can't even see how far over the fence they are, sorry were. She then proceded to throw the whole lot straight over the fence onto an area that had just been landscaped, this is when I spotted what she'd done, I then decided I wasn't having this (also keep in mind our family had suffered a bereavement a week ago) and proceded to scream at her like a mad woman turning the air blue.

To avoid boring you any further, her problem was that her garden wasn't getting any light, birds were pooping on her washing (they do that) and leaves were falling on her grass. At this point i told that the council had been and done them to their specification, that we couldn't see what was happening over the fence (she told me I should look! her husband called me a paedophile because I was digging the garden near their fence!!!) and that we couldn't get access to that area anyway. She was very abusive towards me and made nasty commnts about our garden like I siad it's my mother's house and i do my best inbetween looking after her. This woman is now going to report us to the council (who are out to get us anyway)and either have them removed or make us pay to maintain them but like I told her (and she called me a 3yr old) the trees were here first (she only moved in 3 yrs ago, unfortunately) I read that she doesn't have the right to expect light that has never been there. It's ok that her brats have kicked holes in the fance and bounce up and down on a 10ft trampoline that's right up to the boundary :x

Oh, and I went flying through her fence right in front of her when I tripped on a v ery large branch she'd thrown over :oops: and she's threatening to make me pay for that too.

Does anyone know where we stand as we were here first she bought the house knowing they were there. I'd also like to know why everyone is negative and intollerant about trees, makes me mad.
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Re: Trees were here first!

Postby mr sheen » Sat Aug 11, 2012 5:49 pm

You note that the trees overhang. She can cut back anything overhanging right back to the boundary without giving you any notice. Anything on her side of the boundary is in her airspace and she can choose how she keeps her airspace - that is her right.

People like to enjoy trees but where they are not well-managed and are allowed to interfere with other people's enjoyment of their property, they often cause disputes.
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Re: Trees were here first!

Postby despair » Sat Aug 11, 2012 7:30 pm

She had no right whatever to cut beyond the boundary

she should only OFFER back the arisings not throw them back and if throwing them caused damage or you to trip she is responsible for the costs

As for her kids bouncing on a Trampoline right next to the fence she should start considering the effect of that on neighbours

As for expecting her to know you had a bereavement well how is she to know ?

I suggest it would be wise to find a way to remove or reduce the height of the trees and plant a line of Leylandi forward of the trees or Pyracantha right up against the fence instead

I hate Leylandi but there are times when they are useful to blot out neighbours like these
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Re: Trees were here first!

Postby pottypanda » Sun Aug 12, 2012 11:45 am

I didn't expect the woman to just know we had had a bereavement, i was trying to tell her but she wouldn't let me speak hence my screaming like a mad person, she just kept calling me a child.

As council tenants we are not allowed to plant conifers or trees of any kind (they favour the home owners) in fact 2 yrs ago the landlord came and removed 8 conifers because of other people complaining. these trees have been here for such a long time and the landlord did trim them to their specification 2 yrs ago.

Like I said what about our right to have our garden as we choose we were here first, and no one complains about the other 60yr old trees our have next door neighbours have, they are the same height as ours and hang overjust as much. Although she did cut some of there tree back and threw it in our garden. I Also told her that if she had shown some respect for our property and let us know what she was going to do I would have given her a hand (which she said she didn't want) and the clean up wouldn't have taken me 6 1/2hrs.

She's now getting her little b******s to harass us and throw rubbish over because, and I quote, "she can't do anything to you, you're kids." Excellent parenting in my opinion!

You don't just buy a house or move into an area and throw your weight around like she did, why should we change how we've lived for 20yrs. And I did say it's not safe to carry out the work from our side of the fence.
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Re: Trees were here first!

Postby despair » Sun Aug 12, 2012 11:52 am

Clearly both your neighbour and her brats need to learn some manners

sadly such behaviour is becoming the norm for a section of the population

if they dump rubbish your side i would be tempted to throw it back

If your Council Landlords wont allow conifers the only thing you could do is install a 6ft6 in high fence if the existing one is low and plant pyracantha which will soon deter the the brats from climbing the fence

as for the trampoline lets hope that goes the way of so many when one of the brats succumbs to a nasty injury as any A and E Dept will tell you is commonpplace with trampolines
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Re: Trees were here first!

Postby hzatph » Sun Aug 12, 2012 1:09 pm

despair wrote:sadly such behaviour is becoming the norm for a section of the population


What section is that?
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Re: Trees were here first!

Postby Mattylad » Sun Aug 12, 2012 1:11 pm

A large one!
User avatar
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Re: Trees were here first!

Postby withreason » Sun Aug 12, 2012 1:41 pm

pottypanda wrote: You don't just buy a house or move into an area and throw your weight around like she did, why should we change how we've lived for 20yrs. And I did say it's not safe to carry out the work from our side of the fence.


According to my neighbours you do! They harass on the quiet, even threaten to run you down with their car, a complaint to the police brings a response that they don't believe the neighbours are doing this, you have to live with them, and you are told by the police you are one of the most difficult people they have ever had to deal with. That is only after telling them you do not lie, and it did happen. Be careful with this neighbour, police don't want trouble and if you have to shut up and put up the police will make sure you do. I think it's called being stitched up.
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Re: Trees were here first!

Postby pottypanda » Sun Aug 12, 2012 5:52 pm

You're right there is a growing number of people who live to harass and annoy and for some reason they all live near us, we are boxed in now! they're all the same they buy these generic, crappy, pokey, shoddy new builds (I worked for a company who built them in other areas so I know) and think they are someone special.

Sadly we already have a 6ft fence across the bottom, like I said I went flying through it, well done me :oops:

And unfortunately for us our landlord has proven they are more than happy to rip our garden appart to apease the neighbours in the private houses, my mother is cripled with arthritis and first stages of dementia and they bring this to her door without any thought for her health.

I mean no offence to the nice people who own houses I know your not really all the same :)

As for police i don't want to start with them because she's threatening to go to our landlord who are not our best friends, I can honestly say we haven't done anything wrong to these people, they did the same thing to the people who lived in our house before us, that's why they moved! At least they didn't have to deal with the creature at the bottom of the garden.

Garden law is an ass as well we have no rights!! :evil: As for the kids let's, hope A&E here they come :D
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Re: Trees were here first!

Postby pottypanda » Sun Aug 12, 2012 6:12 pm

Does anyone know if the fact that the trees were here first and for many many years, counts for anything?

She bought the house knowing exactly what was at the bottom of her garden (she's the 2nd owner the 1st were great but they divorced :cry: ) and she was consulted about pruning 2 yrs ago and said nothing, the 6ft fence wasn't between us then though :twisted:

She's threatening to have our landlord remove the trees, it wouldn't cost us ( I hope) because the landlod pruned/removed them already to their own specification, but we really don't want to loose them, the sycamore anyway. Can you get a preservation order when your not a homeowner?

I think I'll just pitch a tent for us all at the top of a mountain :cry: :cry: :cry:
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Re: Trees were here first!

Postby mr sheen » Sun Aug 12, 2012 6:21 pm

Totally irrelevant that the trees were there first.
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Re: Trees were here first!

Postby pottypanda » Sun Aug 12, 2012 6:27 pm

Someones a little touchy your not our neighbour are you?

Having being part of building similar said crappy houses I think i know what I'm talking about, they are an eye sore.

Being a homeowner gives certain people a false feeling of superiority.

Renting means that when you're old, disabled and have a carer, you don't have to pay for or worry about your repairs/maintenance, you don't leave a whole load of trouble for your family when you die and moving is a lot easier less risky. I can tell you there aren't a lot of nice people in council houses either, the world is full of a***holes in all different types of places.

You aren't aware of our situation so I think your attitued is not called for. I am looking for advice here not another pointless argument and if you aren't going to be helpful then keep your comments to yourself please.
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Re: Trees were here first!

Postby pottypanda » Sun Aug 12, 2012 6:29 pm

Oh and what about respecting our property, have you not read what this woman is doing? do you agree with her behaviour?
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Re: Trees were here first!

Postby pottypanda » Sun Aug 12, 2012 6:31 pm

I actually meant advice from someone who knows what they are talking about, not joe bloggs and his opinion!
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Re: Trees were here first!

Postby mr sheen » Sun Aug 12, 2012 6:48 pm

Want advice - see a solicitor, here on a discussion forum you get Joe Bloggs and his opinion (but some based on fact!).
Situation is - totally irrelevant that trees were there first (check with a solicitor)
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