Trees next to road - my responsibility?

[sandspider]

Hi all

 

We're looking at buying a house that includes a few trees in a bit of land. All very nice, but one stretch of the land is next to a fastish road. If a tree on my land falls into the road who is responsible for damage / cleanup costs? Me? My insurance? Local council? Highways agency?

 

I assume it's probably me! And also that I'd have to prove the trees had been regularly inspected etc. (even if just by me) in case they fell on a car or person? To make it worse, the land is quite steep and on the far side of a river, so not easy to get to, and not an area I'd want to be felling trees in either. To be fair, they're not huge trees, so it may not be an issue for a bit. And I suppose if it does look like becoming an issue, I could pollard them or replace them with pollards? (Not sure what species they are offhand). I wouldn't want to lose them altogether as they're a good screen from the road...

 

Thank you.

[Stubby]

Round here if the are a meter or less from the road they are Highways responsibility .

[skyhuck]

Round here if the are a meter or less from the road they are Highways responsibility .

 

I think you are possibly confusing the issue, generally the first meter of land adjacent to the high way is owned by the highways agency. However if there is a wall or fence with the one meter this is normally the boundary and so denotes the change of owner.

 

I've cleared plenty of trees from within a meter of the highway, the owner was billed.

[Stubby]

I think you are possibly confusing the issue, generally the first meter of land adjacent to the high way is owned by the highways agency. However if there is a wall or fence with the one meter this is normally the boundary and so denotes the change of owner.

 

I've cleared plenty of trees from within a meter of the highway, the owner was billed.

 

Ok , thanks Dave . How is the topography re the op ?

[sandspider]

Thanks guys. As I remember, there's the road, then crash barrier type fences, then the trees on what I thought was our land, but might in fact belong to the highways agency! Oh, and the house is in Wales if that makes a difference...

[Chris at eden]

I think you are possibly confusing the issue, generally the first meter of land adjacent to the high way is owned by the highways agency. However if there is a wall or fence with the one meter this is normally the boundary and so denotes the change of owner.

 

I've cleared plenty of trees from within a meter of the highway, the owner was billed.

 

Sort of except Highways Agency are central government. They only do trunk roads and motorways. General roads are local authority highway dept. The one metre thing is just a guide also. Could be more or less irrespective of fences.

 

Some folk off set fences as you would need planning consent to install a 2m fence within 1m of the highway. Pull it back to 2m from the highway and its permitted development.

[Chris at eden]

As for the OP. The owner is responsible. As a domestic resident you can inspect your trees yourself. Highways have a higher level of duty in terms of inspection and record keeping. Look at the NTSG guidance.

[drinksloe]

Does ur ground definately go over the river?

Mibee not the case with houses but quite often a burn/river will be a natural boundry to the property.

I'd have a good look on the map of the property to make sure of the boundry

[spandit]

The trees would probably fall down the hill towards the house anyway

[sandspider]

Thanks again.

 

Chris, I feared it would be down to us. Will look at the guidance you mention, thanks.

 

Sloe - I think so, but am not entirely sure. We haven't got to the nitty gritty details yet.

 

Spandit, yes, that is the more likely outcome! But I imagine branches and debris could still fall into the road. Not as bad as a whole tree though.