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Antony Antoniou – Luxury Property Expert

Protected trees are damaging my fence and I do not know what to do

Protected trees are damaging my fence and I do not know what to do


Q. “I am facing a predicament with overgrown trees that are damaging my fence, and unfortunately, they are under protection. These trees received a protection order when they were smaller, but they have now grown to a size causing issues. Previously, they posed no problem, but currently, their branches extend over three meters into my garden, leading to fence breakage.

The situation has become so severe that I had to halt my vegetable gardening, and I find myself unsure about how to deal with the damaged fence. Considering the trees are protected, I am uncertain of any actions I can take to address this matter. Is there any recourse available to me regarding the trees despite their protected status?”

A. Under a tree preservation order, it is strictly prohibited to cut down or prune a tree without obtaining consent from the local authority. If these trees happen to be on your property, you might be allowed to perform necessary work, but only after receiving approval from the local authority.

In the case where the trees are located outside your property, you could potentially trim back their roots or branches that extend over your land. However, even with local authority permission, you would not have the right to entirely fell the trees themselves. The protection order still stands, and cutting down the entire tree would not be permissible, regardless of any local authority agreement.

This is a legal overview, not legal advice, you must always seek professional advice before deciding on a course of action.

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