Worried villagers in Somerset want something done about a copper beech whose roots are destabilising a high stone wall beside a footpath.
But the wall's owner says he cannot mend it, without breaching a Tree Preservation Order and risking a fine of up to £20,000.
The conundrum has left families living near the tree in South Petherton, fearful that one day it bring the wall down on passing schoolchildren.
Owner, retired schoolteacher Ken Evans, has the wall patched up when stone comes loose, but it continues to bow out.
A previous owner's bid to get the preservation order revoked was rejected by South Somerset District Council, and was also lost on appeal.
Mr Evans said: "I feel the only solution is to fell it."
Mr Evans's garden backs onto South Street where the wall stands. The tree is in a conservation area where it is a legal requirement to notify the council before carrying out works to a tree with a stem diameter greater than 7.5 cms at 1.5 metres above ground.
A council spokesman said Tree Preservation Orders can only be served on trees considered to provide 'outstanding or special amenity value'.
He added: "Our conservation tree officer isn't aware the council's restricted the type of work Mr Evans can carry out to the wall. This magnificent copper beech tree is protected below-ground as well as above, so cutting the roots would require consent.
"Although the wall's in a Conservation Area, appropriate repair and maintenance wouldn't normally require consent."
