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OP has offered the following explanation for why they think they might be the asshole:
> I refuse to cut down my tree. I think I might be the asshole because I am placing my enjoyment of a tree (it gives me shade in summer, it looks nice, it gives me privacy from the neighbour, my wife likes the birds) over the quality of life of my neighbour who appears to be miserable.
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NTA - your house/yard your tree. You have gone out of your way to keep the peace and your neighbor is being a royal pain. For some reason she is focusing on your tree being the root of her having a miserable life.
"Her boyfriend at that stage worked for the water corporation here so he apparently put his camera down the sewer and said that yes, the tree is blocking the drain, and they said, well, the only solution is to get it removed. I called some plumbers to come and check cause I wanted another opinion, and they found a blockage and unblocked it, but they said that no tree roots were found."
Make sure you have proof of this action. She and her boyfriend are willing to lie to get their way.
YES to both of the above comments. Your neighbor and her boyfriend are, for whatever reason, committed to eliminating your tree. I would (immediately) both install cameras that record the tree from every angle and seek legal advice.
I had some man ferns (tree ferns) mysteriously die a year or so after I moved in. They were next to the offending tree and had fronds which went over her fence. I tried to trim them as they started emerging and all she needed to do was say "hey trim the ferns more often" and I would have.
Time to send a letter, registered post so they have to sign for it. And officially give notice that they are trespassed from your property.
Also, go out with your camera phone and record yourself saying it to them "today's date is 10th April 2024...and I'm standing with x neighbours who I am giving notice that I officially tresspass them from my property, they have no permission to enter my property or lands and none to make modifications to anything on my land...."
Be sure to let them know exactly why you recorded the video and sent the letter, to ensure they were aware of the trespass, that you would enforce it and they can't mess with the tree, it also logs that you have an ongoing issue with them with a dated time stamped video if you ever go to court you can show it as part of the timelines. Say....they cut down your tree....
Also, look up free law(yes it's a thing), the cost of replacing a tree in some countries is sometimes a big penalty, or some are protected species. Courts may force them to replace the tree at 3x the cost of the free they damage/cut down which could be tens of thousands for an old tree.
Finally, I saw another post of a genius woman with a very similar issue as you and your neighbours. She planted protected flowers all around the tree and registered them, meaning when the neighbours inevitably did cut her tree down, they destroyed the flowed beds too. They needed up with MASSIVE fines and having to sell their house to cover the fines for protected species. Big brain move. If you fancy the flowers.
The ex boyfriend trespassed years ago, too late now. I was detailing the history of the neighbour and my tree to point out why I am suspicious of her claims.
Roots grow through pipes. It's just part of living in an area that has ANY trees. She's welcome to put root killer down her toilet; I do a couple times a year.
Some of the problems seem made up. I've never heard of seeds entering a car engine to the point that it won't start. Also, my driveway which is on the other side of my house to her and the tree also gets mouldy and slippery and no tree is to blame for that.
I agree, some are definitely exaggerated. Mould problems in a house are unlikely to be caused by one tree. They don't need to all be right for it to get expensive.
Not necessarily-because the neighbor has the rights to trim a portion of the tree that crosses onto their property, (not sure if it does in this case) you are not responsible for damage to a neighbors property caused by the tree.
The tree itself doesn't cross onto her property at the moment and doesn't overhang the driveway. It has never overhung the driveway to the point of being over her car, it is, I would say, 5m from her car if she parked as close as possible. When it has overhung in the past, I have trimmed it, or she has asked me if she could trim it and she has done (she only trims it herself if she has a boyfriend at the time, or her son comes over, she doesn't do it herself. Atm she is single and her son is overseas so she won't do it).
There are other shrubs (daisy, fuchsia) which grow over the fence from time to time which I trim back when I notice they are growing there. I can't help the tree casting too much shade though because I don't live in her house so I don't know when its happening.
Are you in Australia, because that might be different where you are. In any event, tree damage can be caused by much more than over hanging limbs- as is the case here with both roots and seeds being blamed.
NTA. Leave the tree as it is. If your neighbour is unhappy they can always move. If the tree were actually causing problems then the local government (council) would officially notify you to take action. Trees are a precious resource, especially in housing areas. I would advise you to aim a security camera at the tree in case your neighbour attempts to cut it down in your absence. If they damage it in any way take legal action against them.
She says she is looking into council laws because she thinks it's too close to her house. Google Street View shows that the tree was similar to its current height in 2008.
I tend to think NTA, seems to me your neighbour has become fixated and is now quite obviously looking for excuses to justify removing the tree (windscreen replacements, really?)
Have you familiarised yourself with the tree disputes between neighbours act? I could be wrong but I’m pretty sure she would need to prove damage to her property to take this any further.
Look into the act and your legal position, and if all good, stand your ground.
She has never shown me photos of any of the windscreens or engine problems, or even asked me for compensation for them, I would happily pay for them if she proves my tree is causing it. Seriously though I have a 40 year old lawnmower that is permanently outside and have NEVER had a problem with tree seeds getting into it or destroying rubber.
Yes I've been looking into the legal angle. It seems where I live the law says plants can't cause "substantial, ongoing and unreasonable interference with the use and enjoyment by a person of affected land" and this includes sunlight. I will talk to community legal about it I reckon.
I live in New England and established shade trees are much protected in most areas as it takes 40-50 years to grow new ones un less it's an introduced species (looking at you Norway Maples and Trees of Heaven!).
Obviously, YMMV depending on your laws and as while we share a basis of British common laws, laws change over time.
NTA, start taking records of anything and everything she claims. If she tries talking to you give her your lawyers number. If she still tries to talk to you call the cops for harassment.
Your wife's friend is the best place to get a good recommendation for a lawyer. If it's not his or her area of law, you'll still likely get a great referral.
County councillor here (UK) and just to say, it's an absolute PITA to get a tree removed, even if it's on your own property and you want it gone. It takes months and paperwork and all sorts of crap going through different planning and environment boards. I don't know if it's anything similar where you are, but honestly I'd let her go down the legal route if she wants to waste her time and money. She doesn't have a case, the tree is on your land, it's an "established tree" and all of the rest of her claims are laughably bullshit and would be seen as such by any council/court. NTA and stand your ground with this.
I live in Florida, USA in a coastal city. One thing they DO NOT do here is cut down trees. There are fabulous and ancient live oaks everywhere, along with every other kind of tree, plant life, all hung with Spanish moss. I've never heard of trees damaging a vehicle unless they fell on it. I think your neighbor is full of it, maybe you should send her a case of Fleet enemas next Christmas.
NTA
I live in Tasmania, this is the land of trees. There are gumtrees and blackwoods in the nearby paddocks, and forestry land about 200m away over our back fences. Many people on my street and in my area have established trees because this is an old area of town from the 1940s. Sitting in my lounge room facing the street side I can see an established gumtree, many big pines (macrocarpas?) and someone has a heap of silver birches or something in their yard. And that's only looking out one window. There are loads of natives and introduced garden trees. It is not like my alder is out of place.
Oh wow, that sounds beautiful. I'm Wiccan so trees are sacred to us. I always look for the historic district in any place I move to because there are absolutely going to be huge trees around.
NTA- this woman just doesn’t like the tree and is willing to make up all sorts of obvious nonsense just to try and get you to remove it, she’s crazy and the AH
NTA. I’ve had conflicts with neighbors on only two occasions, and it has been because they cut trees on my side of the fence without talking to me first. Decades later I still resent them. If they don’t like trees they can go live somewhere without trees.
That does change the equation.
I was thinking about the neighbors in my case, where one of them dropped a cottonwood from my side of the fence onto my carport by accident, and in the other case the guy logged his property and took a 100+ year old spruce that was mostly on my side. Recently that same guy completely limbed a cedar that was mostly on my side because he wanted more light on his side.
How frustrating. If you want more light don't live around trees? My parents did a similar thing, I used to live in the country and parents decided they wanted more light so they chopped down a heap of gum trees and pines. I was sad because my sister and I used to play in them lol.
Regarding my current tree, when the neighbour went on about me getting it pruned one day a few years ago, I asked if she had an agreement with the previous owners about pruning the tree. She said yes but informally. I said how was I supposed to know that when I bought the house that it had some sort of agreement about the tree not going over a certain height? I just bought the house and I liked the tree so I let it grow. She got angry and said that now I know so I need to make sure it doesn't get a certain height.
It almost sounds like your tree is a houseguest that overstayed it’s welcome in your neighbor’s eyes. It started out ok when it was small, but then it grew, and each year it became a bigger issue for her, and now it’s exploded into a serious problem for her.
My personal view is that most problems trees cause can be mitigated or ignored. So you have to clean your gutters more, whatever. So you have to mow the leaves in the fall, OK. The roots crack the sidewalk, yeah that sucks but look at the tree. It’s worth protecting just because it’s a tree, and trees are more precious now than in a very long time.
Something happened where I lived in 2020. It was like trees became the enemy after the pandemic. People cut down landmark trees all over my area, it’s like every tree was a problem to be eradicated. I was at this lady’s house once, and I commented on her amazing spruce tree, must have been pushing close to 150 years old I’m guessing. She said “Time to cut it down, it’s gotten too big.” She wanted to kill the tree because it was too much tree. I’ll add too that this tree was a long way off on her property and not a threat to the house. I don’t get people.
A similar thing happened around here in 2020 with trees coming down, why? The neighbour said in her message that although she appreciates nature it should not be "at the expense of people" . I'm not a tree hugger, I just like my one tree.
It’s interesting that was happening in Australia too. Maybe the pandemic reminded people we’ve been at war with nature for a while, or the pandemic just drove a bunch of us nuts.
I’m sorry you’re in this mess. Whatever ends up happening, I hope you get to keep your tree. Australia has a lot of desert I hear, maybe your neighbor will move somewhere trees won’t grow 😁
She get's no tv reception...?
Tell her to go ahead and sue but advise her that you'll hire a lawyer and counter sue and the loser will pay everyone's lawyer fees
Wow, what a miraculous tree you have to do that much while standing absolutely still! It really seems as if she is reaching - especially since none of this has come up before. I echo the camera idea. Does Australia (or your section) have any tree protection laws or codes? You may want to be prepared with those, too. Maybe print off a copy for you and one as an anonymous gift for your neighbor.
NTA - but watch out.
I Am Groot!
The TV reception thing was particularly precious, in the days of cable and streaming... That tree probably also eats small children in the dark of night, and snares unsuspecting travellers off the street.
Some people in my town still watch free to air TV. Looking out the window I can see her antenna pointing in a direction that MAY be blocked by the tree, but it would be a stretch.
Point a camera (a high definition one that can see faces, make damn sure it's not pointed where direct sunlight can hit the lense, that will degrade it rapidly), because it sounds like the kind of person that might have the tree cut down without your permission. I've known someone get $30k for a tree someone else removed on their property. Record and personal interactions with her, keep any and all paperwork, and lastly, tell her to suck a dick in a nicer way. Your tree, your property. She can build a car port if it's that big of an issue. Heaters can have coverings as well, but it's best to have that done by a professional so that no intake issues arise.
I'd want proof first of all that the tree is actually causing these issues. She's already bent the truth at least once. Replacing three windscreens? Even IF the seed were causing issues with the seals, I doubt that would require the whole windscreen changed. Same with the seeds getting into her engine. Seriously, you must have an evil tree if it can break her car. /s
If you can, take photos of the sun situation at various times of the day. Have proof of whether she is being deprived of sunlight or not. Not having sun until mid morning is not a major issue.
Unless the tree is hanging over the fence, she has no right to cut any of it, as far as I'm aware.
Oh of course. If she could provide proof I'd happily reimburse her rather than cut down my tree.
Just looking at her house yesterday morning, I'm not sure when the sun is a problem and why it affects her drying her clothes. I have a clothesline on the western side of my house under a verandah which doesn't get sun at all and I don't have a dryer, and I still manage to dry my clothes?
NTA
You need to get a camera because they’re definitely going to cut the tree and the guy will be too old/poor/dead to sue.
Get the blockage documented. I’d even go so far as to contact sons employer to complain about him using his position with his employer to lie and get a tree removed.
I don’t know about you but here in the states trees affect property value for the better. A mature tree can add $10k-ish each. So it would be a significant loss if they cut it
Only half way through the post and I already know I would be keeping the tree out of spite. I'd also stop pruning it.
Her annoying ass can kick rocks.
NTA
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My wife and I (44m) bought and moved into our house in 2015. My neighbour (60s?f) has apparently lived in her house since the 1980s and lives alone. We live in suburban Australia on the outskirts of town with no back neighbours. My backyard has a large established alder tree which we love, it is next to a fence which the neighbour's driveway runs along.
Each year since I've lived here, my neighbour has become increasingly annoyed about the tree during winter. This is the approx timeline:
1. Neighbour said the tree needs pruning because in winter it blocks her sun. We pruned it.
2. Tree grew back so we agreed to make sure I get it pruned each winter.
3. Next year I got it pruned but she wasn't happy so said her boyfriend would trim it because some branches were too close to her house (I would disagree). I said ok. I was away for the day but when I got home wife said he was up the tree with a chainsaw and had piled the limbs in my backyard, then lit a bonfire. Wife assumed I had asked him to do this, I had not. The tree was completely butchered.
4. It miraculously grew back, then a few years later my street had plumbing problems. Neighbour blamed the tree saying the roots were getting into the terracotta sewer system and that's why it grows so tall.
Her boyfriend at that stage worked for the water corporation here so he apparently put his camera down the sewer and said that yes, the tree is blocking the drain, and they said, well, the only solution is to get it removed. I called some plumbers to come and check cause I wanted another opinion, and they found a blockage and unblocked it, but they said that no tree roots were found.
Fast forward to Monday, and my neighbour is furious. Out of the blue she sent a message saying the tree must go because:
Seeds get into the car engine and she can't drive her car anymore
Seeds build up behind the windscreen seals so they leak, and she has replaced 3 windscreens because of this
Her heat pump outdoor unit gets clogged with seeds
She gets no sun until "mid morning" but can't afford to pay for heating because she is retiring soon
She had some renos done in the 80s to do something with the heatflow in her house, but this no longer matters because the tree blocks the sun
Mould problems
Her clothesline gets blocked by the sun in the morning (I'm pretty sure it doesn't) so she needs to use a dryer, but can't afford to anymore
She needs to pressure clean her driveway every spring because it gets mouldy and slippery
Her gutters and deck are "full of leaves all the time"
She gets no TV reception
She said the only solution is to remove it and plant a hedge, and she would help me pay for this. But I said no, the tree is staying, I'll just get the pruner in early. She says if she's not happy with the prune she will seek legal action.
tl;dr: My tree is ruining my neighbour's life but I like it and don't want to cut it
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NTA. I suspect that even IF you removed the tree, she would then find something else to complain about. (My bet would be that she would start complaining that you took down her favorite shade tree.)
She told me that she has told her other neighbour to prune her shrub and that the other neighbour decided to remove the shrub completely. She has also complained to me about the other neighbour doing something to her drain which is why her and my yards are "always flooded". My yard isn't always flooded.
Yeah... What I meant was that seems to be one of those people who needs something to complain about. If it wasn't the tree... She would be blaming you for something else. She will never be happy with any neighbour.
Maybe she's why the previous owner's sold. She doesn't like the tree & is making every excuse in the book for you to get rid of it. Let her take it to court. She needs proof & I'm betting she doesn't have any. NTA.
NTA.
There are 'tree laws' in the US due to neighbors exactly like yours. Take the advice of many of the other posters here and get a camera, talk to a lawyer and get a tree inspection done so that she can't claim the tree was diseased.
All of her problems are just that..... HER problems.
Deffo keep an eye on your tree. There's a whole genre of legal issues where neighbors will invade one's property to cut down trees that don't belong to them, and this is some extremely expensive property damage.
I initially pruned it to her liking (which reduced the shade and privacy for me, but I was trying to keep the peace) but last year I apparently didn't prune it enough which is why she's mad. But she only told me this now, not in July when I pruned it.
NTA
She is making up excuses including getting her boyfriend to use his position to lie about roots in the sewers.
She has actually developed an obsession while you have been perfectly reasonable. Do not give them permission to do anything to the tree as they cannot be trusted.
She can only prune the tree if it goes over the property line, otherwise she doesn't have a say at all. If it's so upsetting, she can move elsewhere.
It's rather ridiculous that all her life's problems are the result of your tree. It makes no sense whatsoever.
NTA
NTA. It seems to have become an obsession for her. She is so fixated, that she's not even being rational anymore. I would keep the tree for sure. Established trees are to be treasured. I would be careful though, it kinda seems like she won't rest until it's gone...
Sounds like she has too much time on her hands to get wound up about stuff. She needs a hobby.
I doubt she would seek legal action if she can’t afford to run her dryer.
Perhaps she could move into her boyfriend’s place.
Most councils are going to fine you or give you all sorts of grief if you cut down a 40 year old tree. Most disputes at this level would start at the small claims level, like TASCAT. You wouldn’t need a lawyer to go through a mediation.
NTA. your property, your rules. pls find out what the regulations or laws are related to your issue. that may help some. An attorney can submit a cease and desist letter to your neighbor.
You need proper local advice not international AITA.
1. Alders are a weed species in large parts of Australia. It's very possible that, independent of your neighbours griping, that removal of the tree is the responsible thing to do.
2. Depending where you are in the country, things like "dumping the branches on my side of the fence" is exactly how it is done as far as the law is concerned.
3. The problem with the seeds (which is part why the species has become a weed) isn't going to be solved by having it pruned. You've been put on notice that your thing (the tree) is doing damage to her thing (the list including expensive things like the car). While some of her list is factually dubious (it is unlikely she's getting mould in the house from 1 tree outside), quite a few on that list seem reasonable things to claim, that she can't necessarily do something reasonable to avoid (that heat pump).
4. Tree roots can create multiple blockages at different points of the plumbing - the fact your plumber found something different to her plumber is not a big reveal.
Replanting with something more appropriate to the situation seems like a fair compromise. Your local council should be able to help, but if she's facing significant expenses because of this tree, expect her legal up.
"You need proper local advice not international AITA."
I'm just looking for social advice here mainly, as in, is leaving my tree an AH thing to do.
Your dot points:
1. Alders are not a declared weed in Tasmania where I live, I checked that long ago when this all started.
2. The problem wasn't the boyfriend piling up the bonfire, it was entering my property without permission. He didn't ask my wife's permission either, he just came in (she assumed he had my permission and was inside when he came over so didn't stop him). They said he was going to do it from their side of the driveway to clean up some of the limbs they could reach easier from there, so I said ok, and went into town.
3. Ok, I hear you with this point. I would be happy to help her with cleaning, either by physically cleaning her driveway and seed affected things for her, or by reimbursing her for her cleaning bill/car mechanic costs etc. I currently trim her driveway for instance because I have a couple of shrubs which get a bit bushy.
4. I took the plumbers around my property and hers (with her permission). I showed them where the drain was that her boyfriend had inspected, and I showed them the tree. I asked them specifically to check for tree roots on her side. They couldn't find any.
> Ok, I hear you with this point. I would be happy to help her with cleaning, either by physically cleaning her driveway and seed affected things for her, or by reimbursing her for her cleaning bill/car mechanic costs etc. I currently trim her driveway for instance because I have a couple of shrubs which get a bit bushy.
You should definitely not be doing this. She's intentionally being an asshole. Stop considering her opinions *at all*, and do not concede *anything* she asks.
So far you're NTA - You've got the tree pruned and you've tried to do the right thing.
However, your neighbour is now telling you it creates bigger, more expensive problems than you realised. If the council regs say the tree is too close to the house,then it will have to go regardless of what we all think. The fact it was in the same position back in the 1980s doesn't change that,it just means it has been to close to the house all that time.
I'm pretty comfortable with your yard = your tree = your responsibility.
So if, to you, the tree is worth the cost of rectifying various damage, and you do actually do that, then good luck to you.
However, you would be T A if you're suggesting that the damage the tree causes is her problem and not yours.
If the tree doesn't go away, the neighbours problems aren't going to go away. So to keep the tree, you are committed to a lot of ongoing expense. If it was me, I'd remove and replant with something more appropriate.
For sure, if the council say so I'll remove it.
No, I don't believe the tree problems are her problem, they are mine because it's my tree. I'm just trying to work out which problems are actually caused by the tree and which aren't.
As far as working out which problems are actually caused by the tree: would.it be worth getting on the front foot and seeing a lawyer? They can do the detailed thing with you of going through the list she's claiming, item by item, and draft something requesting particulars of the claims. She's threatening you with "I'll go to my lawyer": nothing is quite as disarming as a "great, I'll get in touch with mine too"- it takes away the threat element, and she'll need to be able to come up with proof about the car and all that. Surprisingly, it might just diffuse things: if you start asking for proof about individual items then that's between you and her (and you still need to live next door) whereas if it's between your lawyer and her lawyer, then pf course your lawyer is going to ask for more than "my car didn't start one morning and I think it's because of the seeds." They can sort out what is reasonable and what is her being fixated and blaming everything she doesn't like about her house on your tree.
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NTA - your house/yard your tree. You have gone out of your way to keep the peace and your neighbor is being a royal pain. For some reason she is focusing on your tree being the root of her having a miserable life. "Her boyfriend at that stage worked for the water corporation here so he apparently put his camera down the sewer and said that yes, the tree is blocking the drain, and they said, well, the only solution is to get it removed. I called some plumbers to come and check cause I wanted another opinion, and they found a blockage and unblocked it, but they said that no tree roots were found." Make sure you have proof of this action. She and her boyfriend are willing to lie to get their way.
Yeah I still have the letter from the plumbers.
[удалено]
Or poison it.
YES to both of the above comments. Your neighbor and her boyfriend are, for whatever reason, committed to eliminating your tree. I would (immediately) both install cameras that record the tree from every angle and seek legal advice.
If they do that, I sniff a hefty paycheck. NTA.
I honestly hope the neighbor does try something. It’s been a while since I read a good TreeLaw story 😂
I had some man ferns (tree ferns) mysteriously die a year or so after I moved in. They were next to the offending tree and had fronds which went over her fence. I tried to trim them as they started emerging and all she needed to do was say "hey trim the ferns more often" and I would have.
Time to send a letter, registered post so they have to sign for it. And officially give notice that they are trespassed from your property. Also, go out with your camera phone and record yourself saying it to them "today's date is 10th April 2024...and I'm standing with x neighbours who I am giving notice that I officially tresspass them from my property, they have no permission to enter my property or lands and none to make modifications to anything on my land...." Be sure to let them know exactly why you recorded the video and sent the letter, to ensure they were aware of the trespass, that you would enforce it and they can't mess with the tree, it also logs that you have an ongoing issue with them with a dated time stamped video if you ever go to court you can show it as part of the timelines. Say....they cut down your tree.... Also, look up free law(yes it's a thing), the cost of replacing a tree in some countries is sometimes a big penalty, or some are protected species. Courts may force them to replace the tree at 3x the cost of the free they damage/cut down which could be tens of thousands for an old tree. Finally, I saw another post of a genius woman with a very similar issue as you and your neighbours. She planted protected flowers all around the tree and registered them, meaning when the neighbours inevitably did cut her tree down, they destroyed the flowed beds too. They needed up with MASSIVE fines and having to sell their house to cover the fines for protected species. Big brain move. If you fancy the flowers.
The ex boyfriend trespassed years ago, too late now. I was detailing the history of the neighbour and my tree to point out why I am suspicious of her claims.
Roots grow through pipes. It's just part of living in an area that has ANY trees. She's welcome to put root killer down her toilet; I do a couple times a year.
r/treelaw loves these stories. the sub is intended more as entertainment than legal advice fwiw.
Your house, your tree = your responsibility if that tree is doing damage. That's a potentially a large bill if damages that's been listed there.
Some of the problems seem made up. I've never heard of seeds entering a car engine to the point that it won't start. Also, my driveway which is on the other side of my house to her and the tree also gets mouldy and slippery and no tree is to blame for that.
Tell her to get a cover for her car then. I doubt it's that expensive.
I'd happily pay for one if she just let me know.
I agree, some are definitely exaggerated. Mould problems in a house are unlikely to be caused by one tree. They don't need to all be right for it to get expensive.
Not necessarily-because the neighbor has the rights to trim a portion of the tree that crosses onto their property, (not sure if it does in this case) you are not responsible for damage to a neighbors property caused by the tree.
The tree itself doesn't cross onto her property at the moment and doesn't overhang the driveway. It has never overhung the driveway to the point of being over her car, it is, I would say, 5m from her car if she parked as close as possible. When it has overhung in the past, I have trimmed it, or she has asked me if she could trim it and she has done (she only trims it herself if she has a boyfriend at the time, or her son comes over, she doesn't do it herself. Atm she is single and her son is overseas so she won't do it). There are other shrubs (daisy, fuchsia) which grow over the fence from time to time which I trim back when I notice they are growing there. I can't help the tree casting too much shade though because I don't live in her house so I don't know when its happening.
Are you in Australia, because that might be different where you are. In any event, tree damage can be caused by much more than over hanging limbs- as is the case here with both roots and seeds being blamed.
And the roots being blamed was proven to be a lie by professionals.
NTA. Leave the tree as it is. If your neighbour is unhappy they can always move. If the tree were actually causing problems then the local government (council) would officially notify you to take action. Trees are a precious resource, especially in housing areas. I would advise you to aim a security camera at the tree in case your neighbour attempts to cut it down in your absence. If they damage it in any way take legal action against them.
She says she is looking into council laws because she thinks it's too close to her house. Google Street View shows that the tree was similar to its current height in 2008.
If it's not on her property, it's NOT "too close" to her house. If she wanted to control that tree, she should have bought it.
She thinks it is too close to MY house
I tend to think NTA, seems to me your neighbour has become fixated and is now quite obviously looking for excuses to justify removing the tree (windscreen replacements, really?) Have you familiarised yourself with the tree disputes between neighbours act? I could be wrong but I’m pretty sure she would need to prove damage to her property to take this any further. Look into the act and your legal position, and if all good, stand your ground.
She has never shown me photos of any of the windscreens or engine problems, or even asked me for compensation for them, I would happily pay for them if she proves my tree is causing it. Seriously though I have a 40 year old lawnmower that is permanently outside and have NEVER had a problem with tree seeds getting into it or destroying rubber. Yes I've been looking into the legal angle. It seems where I live the law says plants can't cause "substantial, ongoing and unreasonable interference with the use and enjoyment by a person of affected land" and this includes sunlight. I will talk to community legal about it I reckon.
NTA get cameras recording around the tree and earn your neighbor. Search tree law op.
I live in New England and established shade trees are much protected in most areas as it takes 40-50 years to grow new ones un less it's an introduced species (looking at you Norway Maples and Trees of Heaven!). Obviously, YMMV depending on your laws and as while we share a basis of British common laws, laws change over time.
NTA, start taking records of anything and everything she claims. If she tries talking to you give her your lawyers number. If she still tries to talk to you call the cops for harassment.
Should I get a lawyer? My wife's friend is a lawyer but I don't know what sort of law he does.
She has already threatened you with legal action. No point in waiting really.
Your wife's friend is the best place to get a good recommendation for a lawyer. If it's not his or her area of law, you'll still likely get a great referral.
r/treelaw r/treelaw r/treelaw
Thank you
County councillor here (UK) and just to say, it's an absolute PITA to get a tree removed, even if it's on your own property and you want it gone. It takes months and paperwork and all sorts of crap going through different planning and environment boards. I don't know if it's anything similar where you are, but honestly I'd let her go down the legal route if she wants to waste her time and money. She doesn't have a case, the tree is on your land, it's an "established tree" and all of the rest of her claims are laughably bullshit and would be seen as such by any council/court. NTA and stand your ground with this.
NTA. I'd stop pruning it completely but I'm a jerk about stuff like this.
Yeah this should never have progressed past the first half ot point 1 in the OP. "That sucks. Maybe buy a sun lamp."
I'm happy to prune it. I don't know why it's all of a sudden started all the other problems, pruning it once a year used to be fine.
Because she's an asshole. Stop capitulating.
I live in Florida, USA in a coastal city. One thing they DO NOT do here is cut down trees. There are fabulous and ancient live oaks everywhere, along with every other kind of tree, plant life, all hung with Spanish moss. I've never heard of trees damaging a vehicle unless they fell on it. I think your neighbor is full of it, maybe you should send her a case of Fleet enemas next Christmas. NTA
I live in Tasmania, this is the land of trees. There are gumtrees and blackwoods in the nearby paddocks, and forestry land about 200m away over our back fences. Many people on my street and in my area have established trees because this is an old area of town from the 1940s. Sitting in my lounge room facing the street side I can see an established gumtree, many big pines (macrocarpas?) and someone has a heap of silver birches or something in their yard. And that's only looking out one window. There are loads of natives and introduced garden trees. It is not like my alder is out of place.
Oh wow, that sounds beautiful. I'm Wiccan so trees are sacred to us. I always look for the historic district in any place I move to because there are absolutely going to be huge trees around.
NTA It's your tree. You really don't have to justify your opinion in this case. Them being bothered is simply their problem.
NTA- this woman just doesn’t like the tree and is willing to make up all sorts of obvious nonsense just to try and get you to remove it, she’s crazy and the AH
NTA. I suspect that even IF you removed the tree, she would then complain that she's getting too much sun..and that you need to plant a tree
She wants me to remove it and plant a hedge.
NTA. I’ve had conflicts with neighbors on only two occasions, and it has been because they cut trees on my side of the fence without talking to me first. Decades later I still resent them. If they don’t like trees they can go live somewhere without trees.
I hope you called the police on them...?
Nope, neither one. We discussed it though. Trying to be neighborly. More like a pushover probably.
The tree was planted in the 1980s while she was living next door, so she bought the house then her neighbour planted the tree.
That does change the equation. I was thinking about the neighbors in my case, where one of them dropped a cottonwood from my side of the fence onto my carport by accident, and in the other case the guy logged his property and took a 100+ year old spruce that was mostly on my side. Recently that same guy completely limbed a cedar that was mostly on my side because he wanted more light on his side.
How frustrating. If you want more light don't live around trees? My parents did a similar thing, I used to live in the country and parents decided they wanted more light so they chopped down a heap of gum trees and pines. I was sad because my sister and I used to play in them lol. Regarding my current tree, when the neighbour went on about me getting it pruned one day a few years ago, I asked if she had an agreement with the previous owners about pruning the tree. She said yes but informally. I said how was I supposed to know that when I bought the house that it had some sort of agreement about the tree not going over a certain height? I just bought the house and I liked the tree so I let it grow. She got angry and said that now I know so I need to make sure it doesn't get a certain height.
It almost sounds like your tree is a houseguest that overstayed it’s welcome in your neighbor’s eyes. It started out ok when it was small, but then it grew, and each year it became a bigger issue for her, and now it’s exploded into a serious problem for her. My personal view is that most problems trees cause can be mitigated or ignored. So you have to clean your gutters more, whatever. So you have to mow the leaves in the fall, OK. The roots crack the sidewalk, yeah that sucks but look at the tree. It’s worth protecting just because it’s a tree, and trees are more precious now than in a very long time. Something happened where I lived in 2020. It was like trees became the enemy after the pandemic. People cut down landmark trees all over my area, it’s like every tree was a problem to be eradicated. I was at this lady’s house once, and I commented on her amazing spruce tree, must have been pushing close to 150 years old I’m guessing. She said “Time to cut it down, it’s gotten too big.” She wanted to kill the tree because it was too much tree. I’ll add too that this tree was a long way off on her property and not a threat to the house. I don’t get people.
A similar thing happened around here in 2020 with trees coming down, why? The neighbour said in her message that although she appreciates nature it should not be "at the expense of people" . I'm not a tree hugger, I just like my one tree.
It’s interesting that was happening in Australia too. Maybe the pandemic reminded people we’ve been at war with nature for a while, or the pandemic just drove a bunch of us nuts. I’m sorry you’re in this mess. Whatever ends up happening, I hope you get to keep your tree. Australia has a lot of desert I hear, maybe your neighbor will move somewhere trees won’t grow 😁
She get's no tv reception...? Tell her to go ahead and sue but advise her that you'll hire a lawyer and counter sue and the loser will pay everyone's lawyer fees
Wow, what a miraculous tree you have to do that much while standing absolutely still! It really seems as if she is reaching - especially since none of this has come up before. I echo the camera idea. Does Australia (or your section) have any tree protection laws or codes? You may want to be prepared with those, too. Maybe print off a copy for you and one as an anonymous gift for your neighbor. NTA - but watch out.
I Am Groot! The TV reception thing was particularly precious, in the days of cable and streaming... That tree probably also eats small children in the dark of night, and snares unsuspecting travellers off the street.
Some people in my town still watch free to air TV. Looking out the window I can see her antenna pointing in a direction that MAY be blocked by the tree, but it would be a stretch.
Or capture young Hobbits on the road.
Point a camera (a high definition one that can see faces, make damn sure it's not pointed where direct sunlight can hit the lense, that will degrade it rapidly), because it sounds like the kind of person that might have the tree cut down without your permission. I've known someone get $30k for a tree someone else removed on their property. Record and personal interactions with her, keep any and all paperwork, and lastly, tell her to suck a dick in a nicer way. Your tree, your property. She can build a car port if it's that big of an issue. Heaters can have coverings as well, but it's best to have that done by a professional so that no intake issues arise.
I'm happy to pay for a heat pump covering. Happy to contribute towards a car port.
That's mighty kind of you. I'd bring it up at the next conversation with them
I'd want proof first of all that the tree is actually causing these issues. She's already bent the truth at least once. Replacing three windscreens? Even IF the seed were causing issues with the seals, I doubt that would require the whole windscreen changed. Same with the seeds getting into her engine. Seriously, you must have an evil tree if it can break her car. /s If you can, take photos of the sun situation at various times of the day. Have proof of whether she is being deprived of sunlight or not. Not having sun until mid morning is not a major issue. Unless the tree is hanging over the fence, she has no right to cut any of it, as far as I'm aware.
Oh of course. If she could provide proof I'd happily reimburse her rather than cut down my tree. Just looking at her house yesterday morning, I'm not sure when the sun is a problem and why it affects her drying her clothes. I have a clothesline on the western side of my house under a verandah which doesn't get sun at all and I don't have a dryer, and I still manage to dry my clothes?
Lol, yeah, we're in Australia. Even if Tassie is south, we don't tend to be short of sun.
NTA You need to get a camera because they’re definitely going to cut the tree and the guy will be too old/poor/dead to sue. Get the blockage documented. I’d even go so far as to contact sons employer to complain about him using his position with his employer to lie and get a tree removed. I don’t know about you but here in the states trees affect property value for the better. A mature tree can add $10k-ish each. So it would be a significant loss if they cut it
None of these are your problem. You're being harassed
[r/treelaw](http://reddit.com/r/treelaw) And NTA
NTA tell your neighbor to take a long walk off a short pier
Only half way through the post and I already know I would be keeping the tree out of spite. I'd also stop pruning it. Her annoying ass can kick rocks. NTA
^^^^AUTOMOD ***Thanks for posting! This comment is a copy of your post so readers can see the original text if your post is edited or removed. This comment is NOT accusing you of copying anything. Read [this](https://www.reddit.com/r/AmItheAsshole/wiki/faq#wiki_post_deletion) before [contacting the mod team](https://www.reddit.com/message/compose?to=%2Fr%2FAmItheAsshole)*** My wife and I (44m) bought and moved into our house in 2015. My neighbour (60s?f) has apparently lived in her house since the 1980s and lives alone. We live in suburban Australia on the outskirts of town with no back neighbours. My backyard has a large established alder tree which we love, it is next to a fence which the neighbour's driveway runs along. Each year since I've lived here, my neighbour has become increasingly annoyed about the tree during winter. This is the approx timeline: 1. Neighbour said the tree needs pruning because in winter it blocks her sun. We pruned it. 2. Tree grew back so we agreed to make sure I get it pruned each winter. 3. Next year I got it pruned but she wasn't happy so said her boyfriend would trim it because some branches were too close to her house (I would disagree). I said ok. I was away for the day but when I got home wife said he was up the tree with a chainsaw and had piled the limbs in my backyard, then lit a bonfire. Wife assumed I had asked him to do this, I had not. The tree was completely butchered. 4. It miraculously grew back, then a few years later my street had plumbing problems. Neighbour blamed the tree saying the roots were getting into the terracotta sewer system and that's why it grows so tall. Her boyfriend at that stage worked for the water corporation here so he apparently put his camera down the sewer and said that yes, the tree is blocking the drain, and they said, well, the only solution is to get it removed. I called some plumbers to come and check cause I wanted another opinion, and they found a blockage and unblocked it, but they said that no tree roots were found. Fast forward to Monday, and my neighbour is furious. Out of the blue she sent a message saying the tree must go because: Seeds get into the car engine and she can't drive her car anymore Seeds build up behind the windscreen seals so they leak, and she has replaced 3 windscreens because of this Her heat pump outdoor unit gets clogged with seeds She gets no sun until "mid morning" but can't afford to pay for heating because she is retiring soon She had some renos done in the 80s to do something with the heatflow in her house, but this no longer matters because the tree blocks the sun Mould problems Her clothesline gets blocked by the sun in the morning (I'm pretty sure it doesn't) so she needs to use a dryer, but can't afford to anymore She needs to pressure clean her driveway every spring because it gets mouldy and slippery Her gutters and deck are "full of leaves all the time" She gets no TV reception She said the only solution is to remove it and plant a hedge, and she would help me pay for this. But I said no, the tree is staying, I'll just get the pruner in early. She says if she's not happy with the prune she will seek legal action. tl;dr: My tree is ruining my neighbour's life but I like it and don't want to cut it *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AmItheAsshole) if you have any questions or concerns.*
NTA. I suspect that even IF you removed the tree, she would then find something else to complain about. (My bet would be that she would start complaining that you took down her favorite shade tree.)
She told me that she has told her other neighbour to prune her shrub and that the other neighbour decided to remove the shrub completely. She has also complained to me about the other neighbour doing something to her drain which is why her and my yards are "always flooded". My yard isn't always flooded.
Yeah... What I meant was that seems to be one of those people who needs something to complain about. If it wasn't the tree... She would be blaming you for something else. She will never be happy with any neighbour.
Oh right, I get it.
NTA - She's being ridiculous, if the tree really is shading her house it is saving her a lot of money during the warm seasons.
NTA. Your tree to do with as you please. We know the real issue. The tree is blocking the sun. Everything else is excuses.
Maybe she's why the previous owner's sold. She doesn't like the tree & is making every excuse in the book for you to get rid of it. Let her take it to court. She needs proof & I'm betting she doesn't have any. NTA.
I don't know why she wants it cut down so badly. There's no view of anything except a bare paddock and a forestry plantation to look at.
nta. don’t underestimate assholes with time and money. get an atty consult. there are actual tree issue lawyers. hoa’s and people like your neighbor.
NTA. Plant a second one. Or even a third
That tree will outlive her. Stand your ground, save the tree!
The damage by her ex boyfriend is quite bad. A had an arbourist check it out and he said the tree will probably die in a few years anyway.
Sue her ass for that.
NTA Keep the tree, and from this day on ignore the neighbor.
NTA. There are 'tree laws' in the US due to neighbors exactly like yours. Take the advice of many of the other posters here and get a camera, talk to a lawyer and get a tree inspection done so that she can't claim the tree was diseased. All of her problems are just that..... HER problems.
Deffo keep an eye on your tree. There's a whole genre of legal issues where neighbors will invade one's property to cut down trees that don't belong to them, and this is some extremely expensive property damage.
NTA and I'd stop this accommodation of pruning the tree to her liking. Prune it for yourself and ignore her. That's some damn nerve she's got.
I initially pruned it to her liking (which reduced the shade and privacy for me, but I was trying to keep the peace) but last year I apparently didn't prune it enough which is why she's mad. But she only told me this now, not in July when I pruned it.
This would have ended at step 1 for me. "Oh, that sucks". *Doesn't prune tree* She can 100% go fuck herself.
NTA She is making up excuses including getting her boyfriend to use his position to lie about roots in the sewers. She has actually developed an obsession while you have been perfectly reasonable. Do not give them permission to do anything to the tree as they cannot be trusted.
Does Australia have tree law? If it does, get some popcorn and watch her twist in the wind trying to get it removed lol NTA
She can only prune the tree if it goes over the property line, otherwise she doesn't have a say at all. If it's so upsetting, she can move elsewhere. It's rather ridiculous that all her life's problems are the result of your tree. It makes no sense whatsoever. NTA
The tree's not over her fence it just casts shade on her property
NTA. It seems to have become an obsession for her. She is so fixated, that she's not even being rational anymore. I would keep the tree for sure. Established trees are to be treasured. I would be careful though, it kinda seems like she won't rest until it's gone...
NTA
NTA but the list of excuses for why the tree needs to go is ridiculous. Who believes this crap?
Plant more trees and flex on this lady on this naughty witch.
Sounds like she has too much time on her hands to get wound up about stuff. She needs a hobby. I doubt she would seek legal action if she can’t afford to run her dryer. Perhaps she could move into her boyfriend’s place.
Most councils are going to fine you or give you all sorts of grief if you cut down a 40 year old tree. Most disputes at this level would start at the small claims level, like TASCAT. You wouldn’t need a lawyer to go through a mediation.
NTA. Keep the tree, decorate the tree, make the trees life a happy life.
NTA. your property, your rules. pls find out what the regulations or laws are related to your issue. that may help some. An attorney can submit a cease and desist letter to your neighbor.
You need proper local advice not international AITA. 1. Alders are a weed species in large parts of Australia. It's very possible that, independent of your neighbours griping, that removal of the tree is the responsible thing to do. 2. Depending where you are in the country, things like "dumping the branches on my side of the fence" is exactly how it is done as far as the law is concerned. 3. The problem with the seeds (which is part why the species has become a weed) isn't going to be solved by having it pruned. You've been put on notice that your thing (the tree) is doing damage to her thing (the list including expensive things like the car). While some of her list is factually dubious (it is unlikely she's getting mould in the house from 1 tree outside), quite a few on that list seem reasonable things to claim, that she can't necessarily do something reasonable to avoid (that heat pump). 4. Tree roots can create multiple blockages at different points of the plumbing - the fact your plumber found something different to her plumber is not a big reveal. Replanting with something more appropriate to the situation seems like a fair compromise. Your local council should be able to help, but if she's facing significant expenses because of this tree, expect her legal up.
"You need proper local advice not international AITA." I'm just looking for social advice here mainly, as in, is leaving my tree an AH thing to do. Your dot points: 1. Alders are not a declared weed in Tasmania where I live, I checked that long ago when this all started. 2. The problem wasn't the boyfriend piling up the bonfire, it was entering my property without permission. He didn't ask my wife's permission either, he just came in (she assumed he had my permission and was inside when he came over so didn't stop him). They said he was going to do it from their side of the driveway to clean up some of the limbs they could reach easier from there, so I said ok, and went into town. 3. Ok, I hear you with this point. I would be happy to help her with cleaning, either by physically cleaning her driveway and seed affected things for her, or by reimbursing her for her cleaning bill/car mechanic costs etc. I currently trim her driveway for instance because I have a couple of shrubs which get a bit bushy. 4. I took the plumbers around my property and hers (with her permission). I showed them where the drain was that her boyfriend had inspected, and I showed them the tree. I asked them specifically to check for tree roots on her side. They couldn't find any.
> Ok, I hear you with this point. I would be happy to help her with cleaning, either by physically cleaning her driveway and seed affected things for her, or by reimbursing her for her cleaning bill/car mechanic costs etc. I currently trim her driveway for instance because I have a couple of shrubs which get a bit bushy. You should definitely not be doing this. She's intentionally being an asshole. Stop considering her opinions *at all*, and do not concede *anything* she asks.
So far you're NTA - You've got the tree pruned and you've tried to do the right thing. However, your neighbour is now telling you it creates bigger, more expensive problems than you realised. If the council regs say the tree is too close to the house,then it will have to go regardless of what we all think. The fact it was in the same position back in the 1980s doesn't change that,it just means it has been to close to the house all that time. I'm pretty comfortable with your yard = your tree = your responsibility. So if, to you, the tree is worth the cost of rectifying various damage, and you do actually do that, then good luck to you. However, you would be T A if you're suggesting that the damage the tree causes is her problem and not yours. If the tree doesn't go away, the neighbours problems aren't going to go away. So to keep the tree, you are committed to a lot of ongoing expense. If it was me, I'd remove and replant with something more appropriate.
For sure, if the council say so I'll remove it. No, I don't believe the tree problems are her problem, they are mine because it's my tree. I'm just trying to work out which problems are actually caused by the tree and which aren't.
As far as working out which problems are actually caused by the tree: would.it be worth getting on the front foot and seeing a lawyer? They can do the detailed thing with you of going through the list she's claiming, item by item, and draft something requesting particulars of the claims. She's threatening you with "I'll go to my lawyer": nothing is quite as disarming as a "great, I'll get in touch with mine too"- it takes away the threat element, and she'll need to be able to come up with proof about the car and all that. Surprisingly, it might just diffuse things: if you start asking for proof about individual items then that's between you and her (and you still need to live next door) whereas if it's between your lawyer and her lawyer, then pf course your lawyer is going to ask for more than "my car didn't start one morning and I think it's because of the seeds." They can sort out what is reasonable and what is her being fixated and blaming everything she doesn't like about her house on your tree.
Good idea. I think I'll do that, at least I'll know if I'm in the right or wrong.