Section 154 and tree roots..

[jonsey]

The local authority highways are threatening to serve notice on my client because the roots of a pine tree are visibly causing damage to the surface of a minor public road. I can't find anything in section 154 that relates specifically to tree root damage. Who's responsibility is this, the council for not adequately maintaining the road? (The trees in question have been there for aprox 40 years)

[Gary Prentice]

The local authority highways are threatening to serve notice on my client because the roots of a pine tree are visibly causing damage to the surface of a minor public road. I can't find anything in section 154 that relates specifically to tree root damage. Who's responsibility is this, the council for not adequately maintaining the road? (The trees in question have been there for aprox 40 years)

 

Without searching through the highways acts I'm only guessing. But, in normal circumstances if your tree roots encroach on someone elses property and cause an actual nuisance ie an actionable nuisance- the liability is yours to abate it.

 

I'm guessing that the highways department won't look to repair the surface with the risk of further or continuing damage from the roots.

[jonsey]

Cheers Gaz, as I suspected. Was hoping there was an element of wriggle room, after all they have a duty of scheduled inspection and maintenance etc and this is a supposed metalled road, not some 10mm thick driveway..