My tree in the way for neighbour to replace fence

My tree in the way for neighbour to replace fence

Postby AshTreeProblem » Wed Oct 18, 2017 10:34 am

Hello, there is a large ash tree at the bottom of my garden, just inside the boundary. The fence along that end of the garden belongs to the neighbour and is old and falling apart. They want to replace the fence but are complaining that my tree is in the way for them to do this. The tree is just under a foot away from the fence (all the way up), and doesn't actually touch it anywhere as it's quite upright. We have demonstrated to them that the tree isn't interfering with the fence in any way, but now they are questioning whether they will be able to get a fence panel in, because there are existing concrete posts with slots in them, which the panels slide into from above. Once you get above the top of the fence the tree spreads out a little bit and they might struggle to get a fence panel in from above. I know that they are legally entitled to trim off any bits of the tree which overhang their garden, but the tree is very upright so doesn't really go over the fence by very much (until you get much higher up obviously), the only complaint that they would have is that they can't get the fence panel in from the top of the posts.
My question is can we insist that they fix the panel to the posts in an alternative manner, rather than cutting a limb off the tree just so that they can get the panel in from the top? Basically they are looking for any excuse to chop it down so that they get more light in their garden!
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Re: My tree in the way for neighbour to replace fence

Postby MacadamB53 » Wed Oct 18, 2017 10:40 am

Hi AshTreeProblem,

can we insist that they fix the panel to the posts in an alternative manner, rather than cutting a limb off the tree...

not if they're cutting back a overhanging limb.

could you not just tether the limb out of the way until the replacement fence panels are installed?

kind regards, Mac
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Re: My tree in the way for neighbour to replace fence

Postby AshTreeProblem » Wed Oct 18, 2017 10:49 am

Hi Mac,
it would be a trunk/large branch about 10" diameter so not something which could be held out of the way! it honestly doesn't overhang until you get much higher up (maybe 20 feet), and I think they could probably get the panel in but they just want the whole tree down. They have got permission from the council to cut it down (although obviously would need our permission as it's our tree), and have got the local charitable trust, which owns some of their garden and the adjoining land, involved too, so are trying everything. The fence is just their latest excuse!
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Re: My tree in the way for neighbour to replace fence

Postby SwitchRich » Wed Oct 18, 2017 1:44 pm

I take it you like the tree?
I actually never knew you could get permission to cut down a tree? I thought any tree is fair game (on your property) unless it has a TPO.
So them saying they got permission from the council to do it sounds strange? Could be wrong tho!
Either way I think their method of choice for fencing their boundary does not give them the right to insist you have it cut down.
Perhaps take a picture of things for your records incase they get the chainsaw out?
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Re: My tree in the way for neighbour to replace fence

Postby stufe35 » Wed Oct 18, 2017 1:48 pm

The simply answer to your actual question is no.

As stated in the posts above my understanding is they can cut off branches as high as they want to up to the boundary line to install the fence (or for no reason whatsoever other than they want to) .

You don't need to do anything; butthey don't need your permission to remove said branches and you cannot stop them.
You might want to consider is this about whats practical or just about wielding power.

This is your tree and the descision is ultimately yours... consider your position... Ash my experience grows very quickly and some point you are going to need have expensive pruning work done or indeed get it cut down because it has got too big or is diseased. Worse it might fall on your neighbours property and cause damage which you have to sort out.

I love trees I have planted many hundreds on my own property myself, but it isn't actually very neighbourly to plant a tree near your boundary that will affect your neighbour- which is why the law has evolved to let them cut it back. I realise you probably didn't plant it. In my experience you always end up thinking a domestic garden is much better once a large tree is gone. More light, less damp and moss, no leaves.

It seems to me your neighbour is so keen to be rid of the tree they might pay to have it cut down for you. Everyone is a winner , you get rid of a maintenance liability and gain a load of firewood, everyone gets more light. The dispute goes away and you share a bottle of wine over the fence with your neighbour in celebration in stead of being at loggerheads- and it costs you nothing.

Being at loggerheads with your neighbour is a miserable and draining experience which goes on for as long as you both live there - being friends enhances your life. But don't forget its your tree and the choice is yours.
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Re: My tree in the way for neighbour to replace fence

Postby SwitchRich » Wed Oct 18, 2017 3:32 pm

stufe35 wrote:
It seems to me your neighbour is so keen to be rid of the tree they might pay to have it cut down for you. Everyone is a winner , you get rid of a maintenance liability and gain a load of firewood, everyone gets more light. The dispute goes away and you share a bottle of wine over the fence with your neighbour in celebration in stead of being at loggerheads- and it costs you nothing.

Being at loggerheads with your neighbour is a miserable and draining experience which goes on for as long as you both live there - being friends enhances your life. But don't forget its your tree and the choice is yours.


+1
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Re: My tree in the way for neighbour to replace fence

Postby AshTreeProblem » Wed Oct 18, 2017 4:01 pm

It's a fully grown tree and we're quite happy with it, it's at the north east corner of our garden so doesn't block any sunlight. It would seem a shame to cut it down just so that they can fit a new fence panel. I'm not bothered about being on good terms with them, their house is down the road from us, not next door, the ends of our gardens meet at the boundary and we never see them or hear from them except when they come up with a new scheme to ask us to cut the tree down. We don't need the firewood as our house doesn't have a chimney...
re the council permission to cut the tree down, I think they applied to the council to see if there was a TPO on it, and then we received a copy of the letter in response, saying that they could cut it down with our permission as it's on our land.
I think we have managed to put them off this time by showing them that the tree isn't breaking their fence, will have to wait and see now what their next plan of attack is!
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Re: My tree in the way for neighbour to replace fence

Postby arborlad » Thu Oct 19, 2017 8:35 am

AshTreeProblem wrote:My question is can we insist that they fix the panel to the posts in an alternative manner, rather than cutting a limb off the tree just so that they can get the panel in from the top? Basically they are looking for any excuse to chop it down so that they get more light in their garden!




If it's a 6ft panel, then 2x3ft panels would make that bay easier to replace.
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smile...it confuses people
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Re: My tree in the way for neighbour to replace fence

Postby stufe35 » Thu Oct 19, 2017 10:52 am

AshTreeProblem wrote: so doesn't block any sunlight.


Sorry my mistake..i understood from your first post that it did block out light.
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Re: My tree in the way for neighbour to replace fence

Postby arborlad » Thu Oct 19, 2017 2:44 pm

stufe35 wrote:
AshTreeProblem wrote: so doesn't block any sunlight.


Sorry my mistake..i understood from your first post that it did block out light.





The OPs North East will be the neighbours South West.
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Re: My tree in the way for neighbour to replace fence

Postby span » Sat Oct 21, 2017 5:14 pm

arborlad wrote:
AshTreeProblem wrote:My question is can we insist that they fix the panel to the posts in an alternative manner, rather than cutting a limb off the tree just so that they can get the panel in from the top? Basically they are looking for any excuse to chop it down so that they get more light in their garden!




If it's a 6ft panel, then 2x3ft panels would make that bay easier to replace.


Mention this to them.
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