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