The first thing to say is that normallyyou can cut off overhanging branches without notice however if there is a treepreservation order, you cannot do it without consent of the local authority.
Any damage caused by falling branchesor debris which can be attributed to negligent maintenance is theresponsibility of whoever owns the land that the trees are on which issomething that you are going to have to establish.
Whether the trees do indeed pose aproblem comes down to evidence.
If anything falls and damages theproperty, then the disadvantaged person's claim is against whoever owns theland that the tree is on and it is for the tree land owner to take issue withthe local authority. Just because the tree is listed does not absolve the landowner of a claim for negligence. The only difference is that if the tree isdangerous, they have to ask the Council for consent to remove it or to removethe overhanging branches. That is the only difference.
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