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Problem tree.

(146 Posts)
kircubbin2000 Thu 07-Feb-19 21:40:18

My neighbour has complained for several years about a large oak tree behind 3 of the houses.All the leaves fall into his garden but the tree is between all the fences and even the council can't say who owns it. He has nagged so much that the lady behind me has agreed to cut it down and he may pay her something towards the £1000 bill.I like the tree but don't want a row but now I feel I should give her some money too. What do you think.

MissAdventure Thu 07-Feb-19 21:42:24

I would say it must belong to the council, if not to any of the houses.
I certainly wouldn't allow one person to pay for it and let others chip in if they saw fit!

AnnS1 Thu 07-Feb-19 21:48:43

If it bothers him to such an extent he should be the one to pay to get it removed.

FountainPen Thu 07-Feb-19 22:05:21

You can't just cut down a tree that doesn't belong to you. It may even be subject to a preservation order (TPO) although hopefully the council will have checked that at least. You can be fined up to 20K for cutting down a tree which has a TPO.

Is it on public or private land? If the former, it's the council's responsibility. If it's private, ask HM Land Registry if the land is registered and who the owner is. If it's unregistered that presents more of a challenge.

My local council prevaricated for four years over who should pay for repairs to a dangerous stretch of pavement insisting it wasn't public land but they didn't know who the owners were. I made a couple of internet searches and discovered it belonged to a well-known corporation. I called the director responsible for corporate risk who was unware of the issue. She had it fixed within the week.

Jane10 Thu 07-Feb-19 22:11:16

Oak trees are lovely. You are very lucky to have one. Offer to help raking up the leaves in the autumn? Otherwise don't contribute a bean towards the destruction of this living thing which was probably there long before the houses went up.

Tartlet Thu 07-Feb-19 23:09:10

People can’t take it upon themselves to cut down a tree which isn’t theirs and no amount of neighbour nagging would make me fork out £1000 to remove a tree which wasn’t mine and which wasn’t causing me personally much of a problem.

My daughter had a problem tree just behind her boundary and a phone call to the Land Registry helped her identify the owner (open grassland) and resolve the problem.

I’d turn a deaf ear to the neighbours complaints other than pointing him towards the Land Registry and leave it to him to pursue any action.

merlotgran Thu 07-Feb-19 23:12:00

I can't believe somebody wants to destroy an oak tree because leaves fall into his garden.


Get a rake!

BlueBelle Thu 07-Feb-19 23:34:42

No no no don’t give any money and don’t let the woman be bullied into paying to have it cut down

You can’t cut down a big tree just like that I had to get written permission sending description, photos etc for the tree in my garden and someone come to view it I hated cutting it down but it was so tall and so bendy (eucalyptus) in the wind that it was a danger to my house and my neighbours and £1000 is a huge amount I had two that grew from the same root and both were taller than my three storey house cut down for £340 a couple of years back it took two men 8 hours

janeainsworth Thu 07-Feb-19 23:49:13

I agree with jane10 you should not contribute to the cost of cutting down the tree because a) it’s not on your land and b) you don’t want it cut down anyway. Why is the lady behind you paying for it anyway, if it’s not her tree?

In your position I would get a properly qualified tree surgeon to have a look at it and advise. It may be possible to sympathetically prune it so that it looks less overpowering, if that’s part of the problem.
The tree surgeon would be able to advise whether the tree was healthy or diseased.

Personally I think it’s nothing short of vandalism to cut down a healthy oak tree.

MissAdventure Thu 07-Feb-19 23:51:50

I'd find out who owns the land and ask them to get a qualified tree surgeon, particularly if its the local authority.

Fennel Fri 08-Feb-19 09:19:43

I agree with those who say it's wrong to cut down a beautiful oak tree.
If it has to come down you'll need an experienced tree surgeon. Sounds as if it's in an inaccessible spot, and it will be a dangerous job. Branches etc in everyone's garden.
And how to dispose of the trunk and stump?
I would think it would cost more than £1k. We had 3-4 leylandi reduced in height and that cost £1k.

PECS Fri 08-Feb-19 09:25:56

What Janea said 🌳🌳🌳

Buffybee Fri 08-Feb-19 09:28:01

I too think that it is sacrilege to cut down a lovely old oak tree.
The tree must have been there when this neighbour bought his house, why should the tree have to die.
This makes me so angry.

EllanVannin Fri 08-Feb-19 09:43:59

Trees are vital to our planet and I would highly object to the thought of it being cut down for the sake of it shedding its leaves. What's wrong with folk ?

PECS Fri 08-Feb-19 09:52:40

Your local authority may have a tree officer who might be abke to advise. Get in touch with any local ecology groups: Friends of the Earth, WWF , English Nature, Treecouncil. uk etc to offer support to save the tree.

Anja Fri 08-Feb-19 10:08:47

Yes, trees do that - shed leaves in autumn. Blasted townies! Why doesn’t he just rake them up and compost them like others do instead of cutting down an innocent tree.

I certainly would NOT be contributing to this slaughter, instead I’d be climbing into the uppermost branches and staging a protest - after having alerted the local media if course.

annodomini Fri 08-Feb-19 10:26:17

A fine oak tree grows not far from the back of my house and I was shocked when I saw a man with a chain saw apparently attacking it. However, it turned out that he was a tree surgeon who trimmed it skilfully and re-shaped it so that it's now an even more beautiful tree. Perhaps a similar, less drastic, solution would enable the tree to survive the destructive intentions of your neighbour. A tree surgeon would advise, though leaves will continue to fall!

Mapleleaf Fri 08-Feb-19 12:53:32

What a silly, selfish man, and a bully to boot.
I think the lady should not be forking out £1000 to have the tree destroyed - I bet he’s laughing all the way to the bank.
As others say, it’s not on his or anyone else’s property as far as can be ascertained, so the lady could be fined a huge amount if it transpires the tree has a preservation order, although it sounds as if the Council hasn’t a clue about that, either. Unless it can be proved that the tree is causing damage with its roots, or is diseased and in danger of falling down possibly causing risk to life and property, then there is no way it should be destroyed just because some moron dislikes leaves falling in Autumn.

Gonegirl Fri 08-Feb-19 13:07:48

No! You can't cut an oak tree down. Sheer vandalism.

Now if it was the blessed sycamore next door to us, I would be the first to stump up (no pun intended) to get rid of the blessed thing. And all the seedlings from it that spring up all over everywhere in my garden in the Spring. Not to mention the sunlight the horrible thing blocks. Grrr.

Gonegirl Fri 08-Feb-19 13:08:19

Sorry for the double 'blesseds'

Anniebach Fri 08-Feb-19 13:38:47

Cut down an Oak Tree ? No, no, no,no

Grammaretto Fri 08-Feb-19 13:51:36

Just to add my support for an oak tree!
Sometimes trees grow very large and need thinnng or pruning but if it's just that the leaves bother him. Really, I'm sad .
I have heard a woman with a leaf blower cursing an old chestnut tree. She was blaming this poor tree for making her life a misery!

Our council has an environment officer who would assess the tree and tell you if it's protected and put a TPO on it if it isn't.

Gonegirl Fri 08-Feb-19 13:57:13

I hate sycamores with a vengeance.

Jalima1108 Fri 08-Feb-19 14:13:33

Personally I think it’s nothing short of vandalism to cut down a healthy oak tree.
Me too!
Let's hope the council put a TPO on it
Tell him to buy one of those leaf vacuums.

Sycamores can be like weeds Gonegirl - we did have to have one pollarded as it was rather unsafe but it's still there.

I wouldn't have any qualms if our neighbours behind us cut down the huge leylandii which is at the bottom of their garden

Tangerine Fri 08-Feb-19 15:00:55

If the tree is likely to fall on someone's house, that is one thing.

If it is just producing a lot of leaves, I don't think it necessarily needs to come down. Could you help your neighbour rake up the leaves? It's not something that happens all year round and, in the end, the worms eat the leaves.

watermeadow Fri 08-Feb-19 20:31:06

As far as I can see every “tree surgeon” will happily cut down every tree and say it was diseased, or will mutilate it so it looks sad and spoiled for the rest of its life.
So many people buy a house then demand the removal of the trees which were there before they moved in.

Jalima1108 Fri 08-Feb-19 21:10:51

Re-reading the OP, it is not the tree that is the problem, it is the neighbour who wants it chopped down who is the problem.

janeainsworth Fri 08-Feb-19 21:24:03

As far as I can see every “tree surgeon” will happily cut down every tree and say it was diseased, or will mutilate it so it looks sad and spoiled for the rest of its life

That’s simply not true, watermeadow.
It’s true that sometimes trees are spoiled by inexpert hacking, but a properly qualified tree surgeon, as anno says, can shape a tree and make it even more beautiful.
I have several trees in my garden and for years was very reluctant to do anything to them.

Then a tree surgeon was recommended to me and when he had finished you couldn’t tell anything had been done to them, except that they had a better, more contained shape.

PECS Fri 08-Feb-19 21:29:35

I am guilty of removing a tree from my garden when we moved here..a 35' Leylandii. As a result my neighbour no longer has to have the light on in her sitting room all day. I have planted three new trees to replace it. An established oak however, is a different matter!

FountainPen Fri 08-Feb-19 21:40:11

I agree with janeainsworth. Anyone with a chainsaw can call themselves a tree surgeon but there are also, thankfully, highly knowledgeable and skilled operators with professional qualifications. Standards are overseen by the Arboricultural Association.

I have a beautiful oak tree in my front garden which is over 140 years old. Yes, I get random chancers knocking on my door asking if I want them to do work on it but I have an ARB certified surgeon shape it every two years. Not cheap but if a job's worth doing ...

Grammaretto Fri 08-Feb-19 21:55:06

We've had to take down diseased elm and other trees over the years because our sloping garden is mostly old woodland.
In my experience, far from being eager to take trees down, tree surgeons are very careful to make sure no birds are nesting and they will leave a high stump for habitat.
We have been told by the tree surgeons that "neighbours" often ask them to take down another tree which is shading them etc while they are at it.

oldgaijin Sat 09-Feb-19 08:14:54

Check to see if there's a TPO on it and if there isn't, get one on it, FAST!
A good tree surgeon could raise the oak can host over 400 species of wildlife, so why destroy it?

janeainsworth Sat 09-Feb-19 08:40:50

Thank you for the link fountainpen.
It reminds me of the quote
"If you think it's expensive to hire a professional to do a job, wait till you hire the amateur."
Red Adair

NotSpaghetti Sat 09-Feb-19 09:06:17

I asked my council to put a TPO on a beautiful lime tree which was under threat.
IF it's visible from a "public space" ie a relatively well used road, and if it enhances the area or adds character to the area they will do it.
Just call them.
My council didn't say who had called as it was a neighbour, and came out quickly as I said I believed it was under immediate threat.

Tweedle24 Sat 09-Feb-19 09:06:55

You can ask he Council about putting a preservation order on the tree. They can do that regardless of the owner if the land.

Jaycee5 Sat 09-Feb-19 09:13:31

It could cause serious subsidence problems if it is removed. That would end up costing a lot more than £1,000 for the houses affected or months of arguing with insurance companies. If it was willingly cut down, they might refuse to pay out.
Some people like to moan. It is a shame that someone has given in to it.
I don't think she should pay on her own but I wouldn't contribute if I didn't want the tree cut down.

FlorenceFlower Sat 09-Feb-19 09:14:50

Oaks are wonderful trees, hopefully your neighbour can be persuaded to have it trimmed at the right time of year. Its illegal to disturb birds while they are nesting or irritating to nest.

Can you all club together to get him an electric leaf blower?

🍂 🍃 🍁

LinkyPinky Sat 09-Feb-19 09:18:38

This tree should not be felled because it is inconvenient to somebody. Trees are precious. If it were me, I would get a TPA put on it immediately to allow time to try to find out whose responsibility it is. See the RHA on how to do this.
‘If you wish to protect a tree in your area, write to the Planning Authority stating your reasons, and include a map to aid identification. An immediate, temporary (six month) TPO can be put in place by the Local Planning Authority. The Authority would then inform neighbours and interested parties. Any objections must be received within 28 days. After six months, the temporary TPO could be confirmed and made permanent, or allowed to lapse. Local residents have the chance to raise objections in that time.’

Stansgran Sat 09-Feb-19 09:19:36

JaneA I wish I had known that quote when newly arrived I listened to a neighbour who nagged us to chop trees down. I paid a chance caller- believed him when he said he was working in the neighbourhood and he and his child helper chopped down a leylandii caused damage to other trees and other neighbour's were burgled that night- tiny windows in bathrooms left open that a child could get through. I have learnt my lesson . But don't chop an oak down . It could be there when the houses have gone.

quizqueen Sat 09-Feb-19 09:20:22

Ignore your neighbour's nagging, he is a fool. The tree was there long before him so tell him to move if he is offended by it and, while you're at it, ask him where he gets his oxygen from!

jaylucy Sat 09-Feb-19 09:22:14

Suggest you all club together to buy one of those garden vac things! If his only problem is that he gets leaves in his garden, I'd suggest that he moves somewhere that is surrounded in asphalt and concrete!

Toots Sat 09-Feb-19 09:25:12

Very puzzling why your immediate neighbour would be bullied into paying for this tree to be cut down when it's not clear who owns it... and I'm sure the council could find that out with a bit more effort.. Land Registry, as others have pointed out, for a start. I'd tell the bully to stop moaning about it if he's not going to sort the problem himself..and I totally agree with everyone else that it's sacrilege to cut down a healthy tree that is not a threat to life and son's neighbours had a similar problem and used a good tree surgeon to solve the problem.

Rosina Sat 09-Feb-19 09:25:43

How moronic of someone to want to cut down a tree because once a year he has to clear up leaves. Does he not know that without trees we are well and truly sunk - I don't know another source of oxygen, offhand. This lazy person probably wants to concrete everything - no grass to cut, no weeds to pull up, but of course no greenery, no sound of wind in the leaves - makes you want to weep. Years ago we lived in a road lined with cherry trees; in the spring it was absolutely wonderful, and the sight of the shimmering pink blossom against a blue sky is still a picture in my mind's eye. One neighbour tried to get the two trees outside his house removed because he 'almost slipped over on the cherries that fell off'. Too lazy to sweep, he wanted the glorious trees felled. Luckily we had a reasonable person on the local authority who apparently told him to buy a broom.

Toots Sat 09-Feb-19 09:29:51

Kircubbin20 please let us know the outcome, I'm intrigued now, and feel sorry for the poor tree!.

Blackcat3 Sat 09-Feb-19 09:32:21

If there’s a preservation order on it the tree surgeon and the instigator get a huge fine. Cutting down a large oak is beyond crazy when you think how long it took to grow. Most reputable tree surgeons won’t touch a tree of which the owner is not known. Unless you want to see it go...or want to preserve it....don’t get involved would be my advice...same to the other neighbours.....the one who wants it removed should deal with it and the aftermath.....personally I’d just get a rake! Leaf litter is a valuable soil nutrient.

Toots Sat 09-Feb-19 09:34:20 that story!. My in laws lived in such a road too and as you say it's glorious when all the blossom is out...did that silly man think that if he cut down the trees outside his property the blossom from the other trees would bypass that bit?... 😄

jenpax Sat 09-Feb-19 09:36:23

Agree with all here, cutting down an oak tree is an appalling act of vandalism!

Chris4159 Sat 09-Feb-19 09:47:39

Why on earth is your neighbour paying for it, if he is the one moaning. Is she elderly and living on her own? Sounds like bullying tactics. I agree with everyone else you can't just cut it down without finding out legal owner.

ReadyMeals Sat 09-Feb-19 09:49:17

I should add you can't just cut down a tree that DOES belong to you. If its trunk is fatter than 6 inches you have to check with that you're allowed to, especially for a tree like an oak which tend to be under preservation orders even on private land

tickingbird Sat 09-Feb-19 09:49:37

I’m afraid I can’t understand how this man is getting on everyone’s nerves with his complaining. If the tree doesn’t belong to any of you who is he complaining to? The other lady really should not be paying to have this tree removed and, as others have said, you can’t just go around cutting down Oak trees. I should seriously advise the other lady not to go ahead and point the troublesome neighbour towards the land registry or maybe do a bit of searching yourself and then pass on the information to him. Don’t be browbeaten. That tree has been there a lot longer than him!

gerry86 Sat 09-Feb-19 09:50:38

I have a lovely old oak tree in my garden that seems to shed more leaves than the rest put together and I moan about clearing them up as they seem to reach further into the garden than any of the others but there's now way I'd cut it down. It's a magnet for squirrels and birds which are a pleasure to watch.

henetha Sat 09-Feb-19 09:53:38

Save this tree!
Am I right in thinking that Local Authorities have a tree officer who has to be consulted about cutting down trees?
I don't think it is legal to cut the tree down. And it's certainly immoral to destroy such a beautiful thing. Please don't let it happen.

Oldwoman70 Sat 09-Feb-19 09:57:22

If the rest of the neighbours are happy with the tree then can I suggest you get together and support the neighbour who has been bullied. If she is on her own she may feel that she has to do this to avoid falling out with everyone. If she knows she has your support she will be able to resist his bullying.

After DH died a neighbour tried to bully me by claiming part of my garden - fortunately I mentioned it to DH's nephews who paid him a visit and had a chat - he has never mentioned it again. Without their support I may have very well given into his bullying.

DaisyL Sat 09-Feb-19 10:01:22

There were a couple of self-seeded sycamores in the back garden of a cottage in the village - they were enormous but the owner of the cottage was told that he could be fined £25,000 if he cut them down without permission. For goodness sake make sure that you/your neighbours have the relevant permits. Let the neighbour sort it out - it's bothering him not anyone else. Why should you be involved or have to pay anything?

Aepgirl Sat 09-Feb-19 10:08:25

Whoever ‘owns’ this tree, permission to cut it down must be obtained. Trees, particularly oaks, are protected

tavimama Sat 09-Feb-19 10:17:16

I would be very surprised if this beautiful tree wasn’t growing LONG before the houses were built.

It would be sheer vandalism to destroy such a venerable and (in these days of global pollution) vital old tree.

Please do not have anything to do with this - certainly do not hand over money at the behest of such a nasty bully.

A land search would quickly find the owner of the land and (hopefully) sympathetic pruning could take place.

Overthehills Sat 09-Feb-19 10:21:55

I had to get permission from the local authority to prune existing leylandii trees in my garden. Please tell your neighbour not to do anything. Any qualified tree surgeon will advise her and won’t do the work without proper authorisation.

NfkDumpling Sat 09-Feb-19 10:32:19

If it's a large tree and visible from the road it may well have a TPO on it and they won't be best pleased! It may be worth contacting the Tree Preservation Office and asking their advice. They'll likely come smartish and could well slap a TPO on it instantly. They have a lot of power. But be careful what you wish for, its taken 6 months and an appeal to prune 8 feet off one side branch of our mature TPO'd Scots pine.

4allweknow Sat 09-Feb-19 10:35:48

Can't believe all the leaves fall into his garden. Was the tree there when he moved in if so he should be prepared to put up with the leave. I have a small wooded area behind me, lovely mixture of trees giving shelter and habitat for some wildlife. 3 years ago new people moved in other side of woodland. I went away on holiday came back to find trees had been cut. Contacted owner of land who was livid but of course no solid proof of who was responsible. This year came back to find a beautiful pine tree had been cut in half. This time owner sent stern letter to residents. We have installed camera with land owner's permission to catch culprit or prevent further vandalism. No one has the right to cut or damage trees without owner's permission. Wouldn't become involved in neighbour's dispute.

Houndi Sat 09-Feb-19 10:35:51

The neighbours at the bottom of our garden wanted us to chop down our trees i refused.They than said they would get someone in to chop the top of the trees.I said you wont touch them they are mine.The trees are still there but i still have to put up with their son hanging out the top window smoking.That another story.When we moved again first thing on list is not been overlooked

GabriellaG54 Sat 09-Feb-19 10:40:29

What do I think?
You need a reality check...that's what I think. Well, you did ask.
Leave them to it. Why contribute to felling a tree you say you like?
That aside, as others have said, you can't just fell trees such as oaks as they may be protected. You surely don't stand and listen to the angry male you? What folly. Tell him it's none of your business and you aren't listening to any more of his tripe. He should moan to the council.
Good grief. Petty problems.

FlorenceFlower Sat 09-Feb-19 10:42:51

‘Irritating’ to nest? Preparing to nest is what I meant, of course! 😉

Rosina Sat 09-Feb-19 10:43:20

Don't you despair Toots at what people want to do just to save a minor inconvenience, as they perceive it?
I used to go out and sweep the blossom; it flew around me and was so beautiful that even to clear it up was a pleasure. That grumpy unappreciative neighbour of mine must have had a heart of stone and no eye for beauty.

SueDoku Sat 09-Feb-19 10:49:03

I have a huge London plane tree just over the fence at the bottom of my garden, and I too get (piles and piles) of the enormous leaves everywhere in the autumn. The difference is that I love the tree, and although it would be nice if it was reduced in height slightly, I wouldn't dream of demanding that the owner cuts it down.
I have some sympathy with the man - I bought a leaf blower when we moved in here, and it lasted one autumn before the motor burned out because of the sheer quantity of leaves - so now I wait until most of the leaves are off, then employ someone with an industrial blower to get them up and take them away. Yes, it costs me money, but I have the beautiful tree to look at all year round..! smile

GrannyAnnie2010 Sat 09-Feb-19 10:55:26

"All the leaves fall into his garden". No wonder he's complaining!

minxie Sat 09-Feb-19 10:58:34

If I were you ,I would go out of my way to make sure the tree was preserved, with an order, If nothing else just to annoy your vile neighbour

kircubbin2000 Sat 09-Feb-19 11:02:13

I told him the tree was not mine but agreed to trim my chestnut tree. She is elderly and lives alone too . I was going to discuss it yesterday but she wasn't in.

CanOnlyTry Sat 09-Feb-19 11:04:24

If you only realised the wealth of support that Oak trees contribute to SO many species of wildlife then you wouldn't even entertain the prospect of agreeing. Besides which as many have already said it may well be subject to a TPO (most Oak's are for reasons stated above). There are some miserable people about! Sure they shed leaves but for goodness sake can't your neighbour look at the beauty?

Toots Sat 09-Feb-19 11:09:45

Good idea to discuss could just politely tell her you won't be contributing because you are unsure if it's legal and also you don't entirely agree with cutting it down...and maybe advise that she'd be better off not doing anything either.😊

Toots Sat 09-Feb-19 11:10:53

....Just don't be bullied... stand together!.. 😉😁

CarlyD7 Sat 09-Feb-19 11:11:15

If it was me I would have a quiet word with the lady and tell her not to go ahead with this because she could face prosecution further down the line from the owner. As for the other one - if it bothers him so much, HE should do something about it. I used to have a neighbour who constantly complained about people using his driveway to turn around (he'd put in an enormously wide driveway with no gates - looked like a perfect turning circle!) Whenever he started moaning about it, I would just look at my watch and say "oh, is that the time!" and walk off. he soon got the message ...

MaizieD Sat 09-Feb-19 11:15:08

I get the feeling that despite everyone's eloquent pleas, the tree is doomed. OP really doesn't seem particularly bothered about its fate. Just doesn't want to spend any money on it.

Apologies, OP, if I've completely misjudged you.

Toots Sat 09-Feb-19 11:24:14

Rosina... very true!.. we live by the sea ...have done all my life.....but the amount of people who move here then complain about the noise of the seagulls!... I love reminds me of how lucky I am. 😊

FountainPen Sat 09-Feb-19 11:26:55

CanOnlyTry. Yes, oaks can support 350 different species. Taken from The Woodland Trust:

Many people seem to believe that when you take away a species’ home they will simply find somewhere new to live. But most wildlife require corridors (such as hedgerows or green space) to reach and find new areas where they can survive. Increasingly, as we cut down more trees, woodland and other habitats, wildlife simply has nowhere else to go, resulting in the mass declines in their numbers that we’re seeing today.

The TPO process is an interesting one which can have surprising results.

Nearby land with derelict houses was going under auction. Several developers were making preliminary enquiries to the council to see what they might be able to build there and because of these, the tree preservation officer came to have a look at the site.

There was a mixture of trees from old mixed species (no oaks), established and younger fruit trees and several immature ornamentals. It was the latter which he put preservation orders on because of their potential to grow into "cracking beautiful trees" - his words. One - a copper beech which faces the public highway - was only a few years old. I remember when it was planted. Now ten years old it is indeed a beautiful tree.

Chris4159 Sat 09-Feb-19 11:41:23

Ah just as I thought. Bullying that poor woman into paying for it. Both you and her should stick together, and avoid him. Let him sort it out, I wouldn't waste my time researching anything either.

grabba Sat 09-Feb-19 11:50:24

Step away and let him get on with it. If it doesn't bother you don't be party to it.

Christalbee Sat 09-Feb-19 11:57:53

He shouldn't have bought the house if he didn't like the tree!! How selfish! Don't cut down a beautiful tree because of his bullying. It was likely there a long time before him.

starbird Sat 09-Feb-19 12:01:21

Perhaps the tree could be reduced in size/spread by a good tree surgeon, they could reduce any long branches hanging over the neighbour’s garden.

I would hesitate to get a TPO because oak trees can get very large and every time you want to cut a branch back you have to get permission.

H1954 Sat 09-Feb-19 12:07:14

Providing that the roots are not impinging on any drains or building foundations then the tree should be left alone; why would anyone want to destroy a tree simply because the leaves pose a problem?! Like someone already said, "get a rake or better still a leaf vac" !

Do not be bullied by this mindless individual, he has the problem, not you and the other lady. And I agree with other comments regarding preservation orders!

luluaugust Sat 09-Feb-19 12:11:24

I think you are quite right to go and have a chat with your neighbour and try and persuade her not to get involved, stand together, she doesn't want to be part of a prosecution and the tree is not a problem to her. I would phone the Council and find out the position just so you know if you have to have any conversation with him about it. Having done that stay well out of it.

Tillybelle Sat 09-Feb-19 12:20:36

kircubbin2000. Please forgive me if this has been said - will catch up on messages when I can...

You need to check before cutting down a beautiful established tree! It may have been listed as a local amenity!

My "tree feller" - actually very highly qualified arborist - gave me all this advice and more not so long ago.

I am appalled that one bully can make someone cut down a beautiful oak tree that apparently is not dangerous! As for the leaves! What a feeble excuse! He should be glad of the potting compost! My garden is covered in leaves from an oak plus many others mainly beech every year. Do I complain? No! I give thanks for the glorious trees!

What an aaaa - I won't offend GNet with how I feel about this selfish man!

Stand up to him! Do not be bullied! Stop the killing of the tree! It will live many years after he has gone! It is worth more than his stupid moaning!

PLEASE do not cut it down!

grandtanteJE65 Sat 09-Feb-19 12:21:04

Well, if the leaves fall into his garden, all he needs to do is rake them into a heap, cover it with plastic and in a year or so he will have beautiful potting soil.

You can be sued for damages or theft if you cut down a tree that belongs to someone else, so don't contribute to what is a criminal act.

Mollyplop Sat 09-Feb-19 12:31:18

My husband works works a council on the arborist section. He said it needs to be checked that there isn't a tree preservation order on the tree, before anything is done to the tree. Oak trees are a protected species. If it's a big tree it will have a community asset value on it. Hope that helps.

Tillybelle Sat 09-Feb-19 12:32:49

Oldwoman70. Same here. When I moved here, the previous occupant warned me that the people whose house backs onto the top end of my garden - which gets beautiful evening sun - had extended their house thus shrunk their garden and now wanted the bit at the end of mine. The man began some nasty bullying telling me it had "been agreed" but of course the law was on my side. However they throw flinty bones and chocolate over the fence to my dogs. I have put up a weatherproof "wildlife" camera.
The neighbours along side , i.e. next door also want a slice of my garden because it is sunny. They are bullying me and throwing things over and have been spreading slanderous lies about me. Luckily I was here first and people know me and quickly saw that they are bullying a vulnerable old and disabled widow who lives alone.

This is the age of the bully unfortunately. Those ave. age 40s are the worst imho. They think it is fine to lie and bully.

Sadly my life in the last few years has been a list of evil people doing me a lot of harm and I have become very depressed. It's a tough life.

Tillybelle Sat 09-Feb-19 12:36:32

grandtanteJE65. Hear! Hear! or is it "Here! Here!" ?

My sentiments entirely!!

Tillybelle Sat 09-Feb-19 12:37:38

Yup, it's "Hear Hear" as in "listen"

Tillybelle Sat 09-Feb-19 12:41:30

starbird. I would still get the TPO. The tree grows slowly anyway and if it has a TPO and needs some work, you may be entitled to a grant. I think this is the safest route with a tree of unknown provenance. This current argument highlights why.

Tillybelle Sat 09-Feb-19 12:45:29

Mollyplop. Actually I just had to speak to you because I love your name! How did you think of something so brilliant?

Glad you said what your husband has to say from a Professional point of view. Supports what my "tree feller"/arborist told me.

If this happened to me I would set up a protest to keep the tree. So long as it is safe I can see no reason to kill it. It sounds like execrable vandalism of the worst kind.

Annaram1 Sat 09-Feb-19 12:48:19

I side with all those who want to preserve this lovely old tree. All trees contribute to the oxygen we breathe, and they also suck up carbon dioxide. If we cut down all the trees and bushes we don't like our atmosphere would be terrible.
We should all be tree huggers.

"Woodman, woodman, spare that tree!
Touch not a single bough.
In life it has protected me
And I'll protect it now."

homefarm Sat 09-Feb-19 13:02:40

Get the TPO applied for as soon as possible and suggest he moves elsewhere.

Johno Sat 09-Feb-19 13:09:31

Let others do what they chose to do. I would NOT contribute in any way. Who will get the value of the wood for log burning etc?

Doreen5 Sat 09-Feb-19 13:12:59

Definitely get a Tree Preservation Order on that Oak tree! Shouldn't be a problem as local authorities are keen to preserve Oaks, especially well established ones that have been there a long time.

Sooty Sat 09-Feb-19 13:19:40

I certainly don't think OP should pay towards having this tree removed , especially as it does not bother her. I would like to say, however, it is all very well to admire trees when they are not shading your garden and shedding leaves and twigs all over it. Behind my house is a private road with huge trees, better suited to a forest than a suburban street. The people who live there can gaze admiringly across the street at their trees, whilst me and my neighbours dwell in the shade sweeping up the leaves.

Kernowflock Sat 09-Feb-19 13:46:16

Why not suggest leaving the tree and getting a gardener in during autumn to help with the leaves.... Cheaper and the tree gets to remain!

pollysgran Sat 09-Feb-19 13:49:18

Did the complaining man phone the council himself? They would have told him that you cannot, by law, cut down an oak tree; all oak trees ( native oaks, not Spanish oaks), are automatically protected. Cutting it down would lead to a hefty fine. The council will in certain circumstances, allow some pruning. This is only usually if some limbs have become dangerous.

paddyann Sat 09-Feb-19 14:17:59

It isn't a problem TREE its a problem neighbour ,go to the council about him as he's bullying others to get his way.Its a tree for heavens sake ,they shed leaves .

breeze Sat 09-Feb-19 15:14:46

Rather sadly, but very fortunately, a HUGE oak tree came down across the playground at the country park where we have walked our dogs for many years. The fortunate bit was that no child was killed as it has smashed to pieces the wooden climbing frame, taken out the fence and the area is roped off now as unsafe. It came down a couple of days ago in the high winds. It could've been a tragedy.

However, if the oak tree in question on this thread is healthy and not a risk to life, it's just a case of the neighbour fed up with raking up leaves, then I would have nothing to do with the situation and most certainly do not contribute. If the tree has an TPO, then by paying for the destruction of it, you could be prosecuted. Explain this to your neighbour who has been intimidated it seems into paying for it.

If the tree is dangerous, that's a whole other issue. We had to have a beautiful walnut tree taken down years ago as it was dangerous. Sometimes this has to be done but not if the tree is healthy for sure.

Grammaretto Sat 09-Feb-19 15:23:11

Trees do need to be inspected occasionally. A great beech tree came down in our garden in a storm. Luckily it happened at night and didn't damage much apart from a neighbours fence and shed
Tree surgeons came to tidy it up and told us it was diseased. The bark told them what it was but it had been clad in ivy so no-one had noticed.

willa45 Sat 09-Feb-19 15:27:15

As far as I know, the universal rule of thumb is that only the person who owns the land where the tree grows has the right to cut it down. Anything short of that can have legal repercussions.

Perhaps a friendly compromise among neighbors would solve the problem......I like Tangerine's idea. You could take turns raking up leaves or better still, participate as a group in a friendly 'raking' day.....Offer refreshments after. Get grand kids involved. Who knows, it could be fun!

Gettingitrightoneday Sat 09-Feb-19 15:28:47

(Previously Nelliemoser. )

I would doubt that anyone could be held responsible for tree leaves. After all they blow every where. Think of all the leaf mould you could get for the compost.