Trees and the Highway - Legal Issues

With considerable patches of high wind being a regular occurrence over the last couple of months, Director Edward Nutting of the Llanrwst office has produced an article surrounding the issue of falling trees on roads and public access points.

'Trees abutting a public highway may belong to the owner of the adjoining land or to the Highway Authority. However, the Highway Authority can treat trees growing on the side of the road as their property to ensure that they have sufficient control to cut down or lop trees that are causing an obstruction to the highway.

Under section 130 of the Highways Act 1980 (HA 1980), the Highway Authority has a general duty to “protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority”.

Section 150 of the HA 1980 goes further and states that the Highway Authority is responsible for removing obstructions to the highway. The Highway Authority may however recover from the owner of the tree the expenses incurred in removing the obstruction, unless the owner proves he took reasonable steps to ensure that the tree or branch did not cause or contribute to the obstruction. In short this would mean that an owner of trees who has them regularly inspected and finds them healthy and safe would not be liable to pay the Highway Authority costs of removing the tree if for example the tree was to fall in strong wind.

Where trees that overhang the highway and endanger or obstruct the passage of vehicles or pedestrians, or interfere with the view of drivers, the Highway Authority can serve a notice on the owner of the tree requiring them within 14 days to lop or cut it. If the person who has been served with the notice does not comply with the notice within the specified period the Highway Authority can carry out the work itself and recover reasonable expenses from the person in default. (There is however a right to appeal against the notice to a Magistrates Court).

The owner of a tree falling on to the highway which causes injury to road users is not liable for the damage unless negligence can be proved against him. Liability will depend on whether the owner knew or should have known that the tree was likely to fall and cause injury. Owners of trees adjoining a highway should make periodic inspections and carry out any lopping necessary. It would also be prudent to insure against the risk of damage by trees falling on the highway.'

If we can help you with any queries you may have surrounding this topic, or anything other matter, then please feel free to contact Edward Nutting on 01492 641222, or any other member of our team.

Legal advice may be needed if a tree falls from your land onto a highway.

Edward Nutting is a Director at Allington Hughes Ltd based in the Llanrwst Cyfraith JRL Law office.