The Accidental Smallholder Forum
Growing => Gardens => Topic started by: BML on June 05, 2011, 08:51:26 am
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There is a Walnut tree in my garden that must be well over 30 years old and next door has asked that I cut the branches that overhang his garden. He says that the leaves are damaging his Laurel hedge and shade his green house. He planted the Laurel hedge and he placed the green house in the shade. Am I obliged to cut these branches and if so at what time of the year?
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AFAIK your neighbour has the right to remove anything on his property (i.e. overhanging) so it's nice that he's asked you instead of just hacking away (though if the tree's close to the boundary I can foresee problems).
I don't know about time of year - most pruning is autumn though I think?
For good relations, it may be worth taking out what you can now and promising to prune this year? And if he likes walnuts, bribery is always in order... ;)
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I agree with Yorkshire Lass. Nice of your neighbour to ask.
He/she doesn't have to - and is entitled to lop anything overhanging their property.
As for the judgement about the greenhouse shade and laurel hedge - that's your neighbour's opinion..... not worth fretting about.
But maybe they felt they needed a reason/justification to approach you about the walnut tree. Look on the bright side - at least they asked and have tried to justify their request.
Quite civil I would say - compared to what they could have done.
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I agree too. A neighbour of mine once cut back an old apple tree that was overhanging his side, then proceedsd to dig up and chop off roots too. It died soon after. So this is indeed civilised. Contact your nearest garden centre for advice on pruning or google it.
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The person next door was there when we moved in 12 years ago and he took until now to ask, me a 75 year old man to cut back the branches of a tree that are 30 to 40 feet above ground. He built a wooden garage that is three feet away from our bungalow contrary to planning regulations and I said nothing now he is not only asking me to cut back the Walnut tree he wants me to cut back the Ivy that is climbing up the fence that is his responsibility and which he cant access because he built his wooden garage slap up against it. I'm trying to find out what the appropriate time of the year to prune a Walnut tree, as for the Ivy on his fence climbing through to the sides of his wooden garage he can get stuffed.
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It would probably kill a tree of this age to be so severely pruned, even at the right time of year. (July-October) Would it be better to offer to help re-site his greenhouse?
Explain to your neighbour that is is not reccomended to prune established walnut trees, he may understand. If not then I would get experts to do it.(he may share the cost)
As to the ivy, it may well have birds nesting in it at this time of year. To wilfully destroy a nest with eggs or young in can lead to a fine of £2,000 and/or a term of imprisonment. Good luck. It's only in the last twenty years I have lived close to other folk and I still can't get used to it!
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I might suggest that you agree a compromise - you won't tell planning about his garage as long as he leaves your walnut tree alone......
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I might suggest that you agree a compromise - you won't tell planning about his garage as long as he leaves your walnut tree alone......
I like it ;D
It is clearly impossible for you to safely 'prune' your walnut tree, at your age and without the correct equipment or training. It would require a tree surgeon at great expense and would leave the tree seriously deformed and probably dead. There have been cases of disputes about Leylandii hedges which have dragged on through the courts for years - is he prepared to pay for either of these options? I believe he has the right to cut back branches which overhang his property, as long as he returns what he has cut off to you. It sounds as if he is trying a bit of bullying to get you to do the work. If you can seek legal advice it might help to set your mind at rest. Such neighbourly disputes are horribly stressful when you are involved in them and can take over your enjoyment of your garden or smallholding so it would be good to get it settled.
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Many thanks for those suggestions. I suddenly remembered seeing a bird flying into the Ivy to feed her chicks and I will certainly tell him that we have to wait until autumn. As for the Walnut Tree damaging his Laurel, well, I can’t understand a person who plants a massive Laurel hedge at the end of his garden while I with no such obstruction can see a wonderful view across open fields when I look out of our patio doors.
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Yes - well - there's nowt so queer as folk.
Sometimes I get the impression that some people choose to inconvenience themselves so that they can have something to grumble about - some drama in their lives. Some people can't seem to live without a resentment or two bubbling away in the background, a grudge harboured or some sort of lingering dispute going on and on.
Very sad.
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I suddenly remembered seeing a bird flying into the Ivy to feed her chicks and I will certainly tell him that we have to wait until autumn.
I would also spot bats roosting in the branches (specifically the ones overhanging his property ;)) - you're definitely not allowed to disturb bats. It's been very useful to a friend where the planners wanted him to pull down a perfectly good house renovation :) What else might live in the tree? Pine martens? Dormice? Some sort of rare moth or beetle? Maybe invite in the local wildlife group to do a survey - large walnut trees are not so common :)
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What news BML?
Could you get the coucil to slap a TPO on it?
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I've asked but now I have to wait.
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I've asked but now I have to wait.
Bet you have longer to wait than the ones slapped on my three beech trees that I was going to take down to build a house! They're dropping branches all over the place in these winds but the council say they are perfectly safe, are of historical value(I found old maps from 1943 that showed they weren't there so not exaclty old trees!), of ecological value - no squirrels, bats, unusual birds) Just nopsey and interfering neighbours who saw my tree surgeon looking at them! Now I can't even take a branch down without permission suffering a £20K fine if I do! So I'd keep pushing the Council if you want a TPO, but if you need it trimmed on your side, do it now.
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I might suggest that you agree a compromise - you won't tell planning about his garage as long as he leaves your walnut tree alone......
I agree. Building Control would certainly have something to say about a wooden garage built so close to a boundary. I think the minimum distance is .5m but best to check.
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What news BML? :D
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It is a good thing at least that your neighbour ask you to cut back the branches instead of just getting up there and making a mess of it himself. Walnuts are differant to most trees in that they need to be pruned when in full leaf. Also frost can play havoc with walnuts so at least put him off till next year now. Good luck with the TPO, mature walnuts are very special trees. It is a sad fact but most mature trees should have a TPO, they take years to grow and hours to cut down. Shame but us tree surgeon do have to eat.
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Hi BML
I work as an arboricultural consultant and deal with similar situations on a daily basis. Looking through the thread there are some truths however there are also some grey areas. Under common law your neighbour has the right to prune back branches (and roots) to the boundary but can not enter you land and must offer all the arisings back (otherwise it is theft), unless you live in a Conservation area or the tree is subject to a Tree Preservation Order (TPO). In this situation a notification/ application must me made to the Local Planning Authority stipulating the works. From what you are suggesting it would be likely that the Tree Officer would refuse on the grounds that the works don't comply with BS3998:2010 Recommendations for tree work. Speaking to your local Tree officer may help and they may think a TPO is appropriate given the immediate threat however be warned the local authorities can't just TPO any tree it must be expedient in the interest of local amenity i.e. if you live in the middle of nowhere and the tree is not of public benefit they may choose not to get involved. Good luck.
Regarding pruning, avoid spring and late summer/autumn. With most broadleaves the best time to prune is a month or so after buds burst in the spring. Bud burst and leaf senescence uses a lot of energy, give the tree a bit of time to photosynthesis before damaging it.
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Your right about the tree having to be of public benefit. This was something I learnt when the tree officer came round. I think "good sense" will prevail in the end and we will reach a compromise unlike a small minded twit a couple of hundred yards away from us cut everything off that was level with their boundary.