[2024] UKUT 62 (LC)

Damage to the trees at the back of the application houses

The proposed works will involve the removal of some, but not all, of the trees behind the application properties.

The alteration covenant does not protect those trees. They can be cut down tomorrow without breaching it. The properties are, however, all subject to a covenant not to “remove or destroy any tree or shrub planted on the Property as part of any landscaping scheme (and forthwith to replace any tree or shrub on the Property which dies or is removed or destroyed and which in the opinion of the Company needs to be replaced)”. That covenant will remain unmodified and can be enforced if it is breached.