Any advice about neighbours complaining about trees in my garden?

Question

Basically, a neighbour has come round and said that they want to get tree surgeons round to cut branches off a tree in my garden. Apparently the leaves are causing a slip hazard to another of the neighbours, who is 82. They have had a quote of £250 +VAT and want me to contribute/pay in full. There's 3 main issues:
I like the trees - there's more than 1 tree anyway and how do they know it's my tree's leaves causing the problem? Should I pay anything at all? Should I be concerned about this older lady and her ability to live on her own independently - is this tree problem just the tip of the iceberg? Do I take legal advice? Do I ignore it completely? My house is currently up for sale with the sale hopefully completing in the next few weeks so I really don't need this stress! Do I have to tell my solicitor? Advice please!!

Answer 1

Firstly as you have the property up for sale I would inform your solicitor, if only to ensure that you have made full disclosure of any potential problems with your property.

As far as the tree is concerned. Is there a Tree Preservation Order on the tree concerned? If so then any pruning would first need your local councils consent.

If your garden is in a conservation area then your tree may be protected by special orders and you are required to give 6 weeks notice of any pruning.

As far as your neighbour is concerned they have the right to cut off any overhanging branches but must return whatever they chop off to you, including any fruit.

If the branches do not overhang and the only problem is fallen leaves then you need not do anything. as you aren't responsible for fallen leaves and any damage that leaves might cause to neighbouring drains, lawns or pathways.

In my assessment of your case, from the information you have provided in your question, The only problem appears to be the falling leaves. If so then you have no liability. If pruning of your tree is allowed, it is up to you as to whether you allow it and should you do so you have no liability to contribute anything towards the cost of pruning.

Answer 2

Firstly, what type of trees are they? if they are long established like Oaks, Elms Birches etc then if you wish you can obtain a Tree Preservation Order which will prevent any unauthorised lopping.

There is no requirement for you to contribute to resolving your neighbours problem, your neighbour may trim or lop branches from trees that overhang his garden, with your permission, and the trimmings should be offered to be returned to you on completion ( ok if you burn logs or compost the waste).

He has no authority to insist that you cut trees on your property ( although as neighbours you would try to 'get on' and agree a solution), Neither is he able to ask you to pay for work that you do not require.

I would suggest that you mention to your solicitor that the neighbours have requested some action to be taken in the autumn when lopping is more suitable and prior to any leaf fall, so relieving you of any reponsibility, and advise your neighbours that this is the action you have taken.

In the meantime, offer to buy the 82 year old some cushions for garden use :o)).

Answer 3

I'm assuming you're in England.
Your neighbours can cut off any branches that overhang their property at their own expense. They belong to you so they must offer to give them back. They cannot insist that you cut back the branches on your property unless the tree is causing structural damage.
Unless there's something extraordinary about your tree, your neighbours just have to put up with leaves falling off in the normal course of events. That's what trees do. Any slip hazard is caused by their failure to clear them up. You might be concerned about the welfare of an elderly neighbour slipping on leaves from your tree, but it's not your responsibility.
Since you have a solicitor acting for you, it's worth asking him to write a "get stuffed" letter to your neighbours. He'll probably charge you £30 to do so, but it's cheaper than the tree surgeon.

Answer 4

You'l have to tell your solicitor. Best thing is to take the legal route and say she can cut off any branches that overhang - she's legally entitled to do this anyway...If there are no branches overhanging then check with your council as I'm sure you can't just chop trees down these days. If they block her light she has a good case. If they dont overhang or block light she doesnt which brings us back to you telling your solicitor when you sell. You legally have to declare any arguments so just go out of your way to keep her happy. Have you checked if your tree is making her path dangerous as if it is its only fair you discuss it with her and sort something out, even if you regularly go round and clear the leaves. If it was your mum what would you say? Sorry...just being devil's advocate here.

Answer 5

DO NOT let him touch them .Leaves fall off trees, its a fact .

Tell him when the leaves fall, he should sweep them up, also tell him if he touches the trees , you will see him in court.

I'd tell your solicitor, or visit the citizens advice bureau , he is harrassing you.

If any branches hang over on to their property , he can cut those , as long as he doesn't cause any damage.

DO NOT take this off hm, he is acting illegally.

Answer 6

well i dont think the neighbour would slip in the middle of the summer as the leaves are still intact. if they had asked in the winter i would consider contributing but not all its nature after all for leaves to fall from a tree. and im sure in winter the old neihbour would have someone to help should the leaves be lying

Answer 7

if the leaves are coming off a tree which is overhanging their garden they are allowed to cut them off up to the border. you dont hav 2 pay . actually in law they r supposed 2 giv u the branches back.
if u want 2 b friendly u mite wanna pay sum of the costs but I wouldn't pay it all. its probably a gd idea 2 tel ur solicitor.

Answer 8

If the tree is on your land then your permission is required before they can legally cut down your trees otherwise they are causing criminal damage which is punishable by law.

HOWEVER if any branches are overhanging on to someone elses land then the owner of that land is legally allowed to cut the overhang back to the boundary. you should not be liable for any fee unless you permit the trees to be cut down.

You should speak to your local citizens advice bureau for more advice.

Answer 9

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Answer 10

I would tell the neighbors to be careful, and take the issue up with the new owners.

If you do not sell, I'd seek a lawyer. They may be able to sue - I don't know - but a lawyer would. And I feel if anyne pays it should be split -