Neighbour's tree



ORIGINAL POST
Posted by marcusboy 17 yrs ago
I bought a ground floor place recently with a bit of land. I was excited that I can have a bit of grass of my own. However, my neighbour has 2 large trees - the tree trunks are about 1.5ft from the boundary fence. The tree is dense with leaves (is actually a mango tree) and although it does provide nice shade to half my garden obstructs grass from growing. When I moved in I informed management about it and since they could not contact him (they say they have been out of town) I was advised I can lopped off the branches of 1 tree (way up) hanging over the boundary to my side. This I did with much consternation from the neighbour. He made such fuss and said he would have agreed if I asked him before lopping it off!!


Anyway, I have informed him again about the second tree branches in just after moving in in May. I show him the branches that were bokcing the sunlight. He agreed he will cut /trim the branches but nothing happened, I repeatedly informed the management. Apparently, manangement had informed him many times but nothing happens - he just said he will do it but nothing!!! Given the rainy weather we had, I have been patient. It is now coming to the end of July and nearly half my so called garden has a bald brown patch so please tell me what I can do short of suing him for nuisance as that will be expensive.

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COMMENTS
foxmulder 17 yrs ago
Frankly, I am not surprised that your neighbour is ignoring you. To say the very least, it would have been polite of you to have spoken to your neighbour before attacking his tree. Your precipitate action has clearly soured relations. Neighbour disputes are notoriously intractable, acrimonious and difficult to resolve. Sometimes, the best advice is just to move. I suggest that you go and see a solicitor -- if the law in Hong Kong is the same as it is in the UK, it is likely that you will be advised that you may lop off only those branches which overhang your garden but you would have to return the branches to your neighbour's land (being careful not to damage anything). I suggest that you write to your neighbour, apologise for your previous bad manners (an apology often goes a long way) and ask that he undertakes the necessary tree surgery within a specified time and state that, if he does not, then you will have the work undertaken yourself.


That said, it is only those branches which overhang your property which you are entitled to lop off . As I understand English law, you may not simply be able to lay waste to those parts of your neighbours trees as block out the sun. When I was in practice, there was certainly no right to light although the position may have changed. So, if you are going to do the work yourself, make quite sure that you stay well within the law otherwise you might face a criminal damage prosecution as well as your neighbours undying ire.


If the offending branches do not overhang your property then you need to marshall all your diplomatic skills to persuade your neighbour to do or allow the relevant tree surgery. So far, however, you clearly failed your diplomacy course. If we are not talking about overhanging branches then you have no right to do anything so your apology would have to be especially abject and you should say that you would very much appreciate his co-operation but that, if he is too busy, then you would be happy to undertake the work yourself. You should give him the opportunity to be present when any work is undertaken.

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Digital Blonde 17 yrs ago
Just wondering, How does the tree manage to actually obstruct your grass from growing??

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foxmulder 17 yrs ago
usually two reasons for brown grass: lack of light, lack of moisture. The tree roots are obviously very thirsty and even improving the amount of light probably won't make much difference. The roots probably encroach into Marcusboy's soil so there is another legal issue there. Even if they were removed, they would keep coming back (roots know no boundaries!). Then there is the question whether the tree robbing MB's soil of moisture is an actionable nuisance. What to do? Require the removal of the trees? Oh, dear, it is all sounding far too complicated and extremely expensive. If MB can get rid of overhanging branches and those that block out his light, he will have done well.

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axptguy38 17 yrs ago
"Just wondering, How does the tree manage to actually obstruct your grass from growing??"


Typically two possible mechanisms:

- Shade preventing good sunlight exposure.

- Evergreens like pines drop needles. This makes the ground acidic, inhibiting growth.

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Digital Blonde 17 yrs ago
well its a mango tree, but even if for supposition it is an evergreen, doesnt decomposition add to fertility rather then inhibit it?? that is what I was taught back when I was 15 maybe I am old and dont remember properly, some amount is needed, if there is to much then there is an issue, but hard to see to much decomposition being thrown of by a single tree. Lack of sunlight perhaps, but the tree would need to offer shade at a 180 degrees other wise with the earths rotation the grass would eventually at some point receive sunlight. I can understand a tree's roots perhaps sucking up moisture, but to be honest, I'd be very surprised if a tree stops grass from growing, its a very versatile plant, and I honestly think it would take more then a tree, something more perhaps is my feeling.

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-sa 17 yrs ago
DB: Decomposition adds to the trees fertility not the grass. Grasses like to grow under relatively open skies. Think California or even the Savannas. Hardly any grasses in dense tropical forests where there is little sunlight penetration and very high decomposition rates. In temperate/ tropical forests, grasses grow where there are openings in the tree cover. If you have seen mango groves, not a blade of grass- most trees do not encourage good grass growth under them. And we are talking lawn here, which is a type of grass but highly manipulated, fertilized and requires a lot of work.


To OP: One suggestion could be to find a grass like plant that loves shade and are nice/ soft to sit on instead of trying to get the branches cut. You may be fighting the neighbor on a matter of principle as well, but why not let the tree be in its natural shape? Perhaps you can enjoy a picnic or a nice nap under its shade. Or put a picnic table or a swing in that area.

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Digital Blonde 17 yrs ago
Hi-sa, Actually I did some checking up on the topic, dont ask why, I just wanted to see if my memory was failing me (I studied soils as my minor at university after having done geography at A-level a. It turns out Decomposition is necessary for all plant species, including grass, it is natures way of returning nutrients to the soil. My grandfather owned a mango plantation, that is what he did for a living and there was grass under his canopy, it wasn't ubiquitous but it was there. Basically it is a very robust and hardy species of plant and I have seen many many trees where there has been grass underneath the tree, which is why I asked the question in the first place. My feeling is a single tree would not inhibit growth, perhaps it would not be as thick as it would be

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Digital Blonde 17 yrs ago
Hi-sa, Actually I did some checking up on the topic, dont ask why, I just wanted to see if my memory was failing me (I studied soils as my minor at university after having done geography at A-level and my memory is poor). It turns out Decomposition is necessary for all plant species, including grass, it is natures way of returning nutrients to the soil, without it, plant species would have a tough time. My grandfather actually owned a mango plantation where I spent most every summer, that is what he did for a living and that is what my uncle and cousin who took over from him still do and what evoked my interest in the first place when I was a child and there was most definitely grass under his canopy, it wasn't ubiquitous, like you would get in open spaces but it was there. Basically it is a very robust and hardy species of plant and I have seen many many trees where there has been grass underneath the tree, which is why I asked the question in the first place. My feeling is a single tree would not stop growth completely, perhaps it would not be as thick as it would be were it in the open sun, but I really cannot see a single tree doing that much damage, if the grass is growing everywhere else, It is the obvious culprit but personally I think there must be something else going on as well. Can't speak for lawn, never tended to it, don't know anything about it, but grass itself can most definitely grow under canopy, I have seen it myself both in the wild and on plantation.

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-sa 17 yrs ago
I think DB there is a huge difference between the kind of grass that is growing under your grandfather's plantation and what the OP is looking for.

Btw, I envy you for having grown up in a plantation like that. My grandparents 9 mango trees made me go crazy with mango eating frenzy in the summer.

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190k 17 yrs ago
For the roots of the tree dig down to the roots and then drill in a few brass screws and wait a few months and no more tree.


But to be honest a mango tree is a nice tree to have I got one in my garden and there are about 100 mangos on it. My neighbour has Mango, Lychee and Longnan trees which grow over our wall. He takes the mangos from my tree that over hang his garden and I take the lychees and longnan that over hang my garden. We have this mutual agreement and also agree not to add artifical fertilizers to the soil so we keep the trees as organic as we can. It is nice to see magpie robins nesting in our trees and we put wire mesh aroud the trunks to stop cats from climbing them. When it comes time to trim the trees we work together as he can get the branches out of his garden without going through his living room so we work together and bundle the cut braches in my garden and he arranges for thier disposal.


Talk to the guy nicely organic mangos are really good eating we need more trees in HK.


As for the grass what will you do with it apart from watching it grow. I had a grass garden when I first moved in 11 years ago. Go tired of mowing it and only looking at it you can laydown on it because the ants and midges will eat you alive. 5 years ago I paved it over apart fro 150 sq feet which I now uses for growing organic herbs, cherry tomatoes, romany lettuce and carrots. If you really want grass then try a different type of grass that does not require so much sunlight. Many garden centres sell grass already growing in 1 inch thick, 1 sq foot patches which you just loosen the top soil and place the new grass on top.

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Digital Blonde 17 yrs ago
Yes -sa you are right, there is a lot of difference, the kind of grass that was there is wild grass not manicured lawn, which as I understand it is very hard to manufacture. I don't expect Manchester United will ever be playing football on the type of grass I saw, and it was far from ubiquitous, patchy at best. I didn't grow up there, my dad did and knows everything there is to know about mangos, but I did spend every summer there, some wicked memories and when the fruit came in season, the whole family went nuts, I'd say I ate about 6 mangos a day, that kind of luxury wont be happening in Hong Kong any time soon.

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marcusboy 17 yrs ago
Thank you for all your replies. Yes, FoxMulder it was not right of me to lop of his branches before speaking to him but it was not for lack of trying (both the management and I had tried initailly but he claims he was not around). Anyway, I have since spoken to him 3 times and the management has called him numerous times but nothing has happened despite his agreeing to do so and Yes the branches are over my side. Iamgine the tree trunk just less than 2 feet from the fence and you can imagine having nealy half his tree over the fence.


Yes, I have tried growing what they call taiwan grass sold in 1 sq ft 'tiles' twice and they last only for 2.5 weeks at most. There might be other problems I am not sure. I don't know if the tree roots might be a problem since we are about 2.5ft higher (level) than the neighbour.


My guess is he has found out the cost of trimming the tree and disposing of the branches and does not want to spend money doing it. If there is another way where I can have my grass and he, his tree is fine with me. Since we seem to have more sun these days, I am waiting to see if the something might grow out of that bald sandy patch which used to be grass.

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omaharrison 17 yrs ago
About those brown patches in the grass, do you ever see around sun set or early morning hours small mothes flying around?

As for roots,

I doubt they disturb your grass and the leaves are not acidy, that is very much the case with pine as exptguy said. Though for the leaves to contribute to soil they must rot on it, which I doubt you leave them for that long.


But pay attention to the mothes if you see any.

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Boller 13 yrs ago
Most varieties of grass will not grow without suffificient sunlight.


Another potential problem with trees overhanging grass concerns HK's air pollution.

The HK golf club had problems for a number of years with a patch of putting green that would just not grow despite being replaced many times. The patch in question had a tree overhang but still received plenty of sunlight and was carefully manicured, fertilized, etc. just like the rest of the putting green - but persisted in dying.

The tree overhang was cut and the problem was solved. The conclusion was that the overhang was accumulating acidic pollution during dry days which was then being deposited in concentrated form onto the grass on rainy days.

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