highway trees

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philcymro
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highway trees

Post by philcymro » Fri Oct 27, 2017 8:59 pm

I own some land with a border on a B road. The local council have cut back some overhanging branches and I cut back a few from inside the field. If a tree in the hedgerow falls am I liable for any damage caused?

MacadamB53
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Re: highway trees

Post by MacadamB53 » Fri Oct 27, 2017 10:51 pm

philcymro wrote:I own some land with a border on a B road. The local council have cut back some overhanging branches and I cut back a few from inside the field. If a tree in the hedgerow falls am I liable for any damage caused?
if it’s your hedge then you may be found wholly or partially liable depending on the circumstances - eg was it’s failure foreseeable.

you’re asking quite a hypothetical question with little specifics...

APC
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Re: highway trees

Post by APC » Sat Oct 28, 2017 1:28 pm

Depends who owns the tree. This can be murky business.

philcymro
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Re: highway trees

Post by philcymro » Tue Oct 31, 2017 9:45 pm

The tree in question is a big old oak. the branches are reaching halfway across the road. If the council are cutting back are they claiming responsibility?

Collaborate
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Re: highway trees

Post by Collaborate » Wed Nov 01, 2017 7:38 am

philcymro wrote:The tree in question is a big old oak. the branches are reaching halfway across the road. If the council are cutting back are they claiming responsibility?
No. They're clearing the blockage your tree is causing. You're still responsible for what's left.

philcymro
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Re: highway trees

Post by philcymro » Fri Nov 03, 2017 9:37 pm

Thanks Collaborate.

MacadamB53
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Re: highway trees

Post by MacadamB53 » Fri Nov 03, 2017 10:52 pm

philcymro wrote:Thanks Collaborate.
my pleasure :roll:

jdfi
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Re: highway trees

Post by jdfi » Mon Jan 29, 2018 7:13 pm

Remember it needs to be clear to 16'6" over the vehicle carriageway and I think 7' over pavements or verges....

Just because they've kindly done it once doesn't negate your duty to keep your own tree pruned.

jonahinoz
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Re: highway trees

Post by jonahinoz » Tue Jan 30, 2018 8:40 am

Hi,

Did they offer to return the valuable fire-wood?

I suspect that you are lucky. I think they can demand that YOU lop the branches that overhang the highway. If you don't, they will do it for you ... and send you the bill.

John W

philcymro
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Re: highway trees

Post by philcymro » Sat Mar 03, 2018 9:05 pm

Since the first post I have worked my way along the hedge cutting back all the overhanging branches and started cutting back any in danger of encroaching on the road. There is no pavement the other side of my hedge as it is a field boundary onto a public highway. the hedge is about 200 yards long so may take some time :(

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