Hedge cutting- whose responsibility?

[whatnow]

Is there a definitive rule as to who is responsible for cutting roadside hedges? Is it the landowner or the council/highways?

 

[Treemover]

Landowner. I know of a court case where a guy on a motorbike struck a fallen branch off a hedge; car hit biker as it was a corner.
Owner had to pay as insurance was voided.
How more accidents and court cases don’t arise is beyond me.

 

[steveR]

Landowner. I know of a court case where a guy on a motorbike struck a fallen branch off a hedge; car hit biker as it was a corner.
Owner had to pay as insurance was voided.

How more accidents and court cases don’t arise is beyond me.

And don't even mention roadside trees...!

Better half says, and possibly rightly so, that we should just cut down all trees on the roadside to reduce the risks. Even a regular check is not really adequate to safeguard your back...

 

[icanshootwell]

Why do some land owners not cut hedges in narrow lane, mostly none farmer sorts with there 2 ponies. several lanes by me you struggle to get down there on a tractor without hitting your mirrors, it does my fing head in.

 

[steveR]

Why do some land owners not cut hedges in narrow lane, mostly none farmer sorts with there 2 ponies. several lanes by me you struggle to get down there on a tractor without hitting your mirrors, it does my fing head in.

Spot on there... See this big time on a local unclassified road that carries a lot of traffic.It's the type you describe who wont/dont do their hedges. I've even called a couple of them at their request when my contractor is going to be along the road. Still CBA!
#
However, I have had the odd "YEAH!" moment when the local Highways folks have asked me who a landowner is where there is a problem locally, and I can point them in the right direction....

 

[dazza b]

I would just cut them if they were on the way to my land

 

[whatnow]

Landowner. I know of a court case where a guy on a motorbike struck a fallen branch off a hedge; car hit biker as it was a corner.
Owner had to pay as insurance was voided.
How more accidents and court cases don’t arise is beyond me.

Thank you. That’s the definitive answer I was after

 

[Wombat]

Is it hedge or stuff that has grown on the verge due to that not being cut by the council?

 

[whatnow]

Is it hedge or stuff that has grown on the verge due to that not being cut by the council?

Hedge. I hadn’t considered the difference between hedge and verge. Is there a legal responsibility difference between the two?

 

[Wombat]

Hedge. I hadn’t considered the difference between hedge and verge. Is there a legal responsibility difference between the two?

There can be, we had part of a field compulsory purchased and the hedge moved back to allow better visibility at a junction. The council are responsible for keeping that verge free of black thorn etc We also have a couple of other verges that are the councils responsibility

 

[Goweresque]

There can be, we had part of a field compulsory purchased and the hedge moved back to allow better visibility at a junction. The council are responsible for keeping that verge free of black thorn etc so when it gets overgrown it's their responsibility. We also have a couple of other verges that are the councils responsibility

When councils/DoT buy land for road improvements they obviously become responsible for it, as they then own it. Where its a case of a road thats been adopted as Public Highway but never purchased, then the landowner either side is responsible for anything that grows on the verge. So if your hedge sends up suckers and they start to encroach on the road, its your responsibility.

 

[mixed breed]

There is a horse owner near here who doesn't pay, so I stopped doing their hedges. The roadside consists of just 30mtres of hedge adjacent to a pavement. The council verge cutting bloke did his one cut along the bottom around June.
By end of July, briers and such were over hanging at face height and someone complained to the council, I'm not sure what went on but a council brusher came and cut the hedge and the horsey bloke (landowner) had to foot the bill. I can only imagine how much it would be, but I'd guess its a lot more than what he wouldn't pay me

 

[Treemover]

If a council own a hedge here they normally fence it. Any areas I have surveyed for councils would always have clearly denoted fences, clearly denoting their property from those adjoining.

 

[Treemover]

There is a horse owner near here who doesn't pay, so I stopped doing their hedges. The roadside consists of just 30mtres of hedge adjacent to a pavement. The council verge cutting bloke did his one cut along the bottom around June.
By end of July, briers and such were over hanging at face height and someone complained to the council, I'm not sure what went on but a council brusher came and cut the hedge and the horsey bloke (landowner) had to foot the bill. I can only imagine how much it would be, but I'd guess its a lot more than what he wouldn't pay me

In a couple of cases, council ask me to look at situations and they will advise landowners to act. Failure to act has then led to works often costing tens of thousands; which they have gone after the landowners for.

Complaints are the main triggers here!

 

[Wombat]

When councils/DoT buy land for road improvements they obviously become responsible for it, as they then own it. Where its a case of a road thats been adopted as Public Highway but never purchased, then the landowner either side is responsible for anything that grows on the verge. So if your hedge sends up suckers and they start to encroach on the road, its your responsibility.

What happens on some of the crazy wide verges we have round here? Is the land owner responsible for a 30ft verge either side of the road?

 

[yellow belly]

who is responsible where there is a 20ft verge ditch and farmers hedge the bushes grow up on the verge and reach the road who cuts the verge bushes ?

 

[Treemover]

It depends on who owns the land that the bushes grow on?

 

[Goweresque]

What happens on some of the crazy wide verges we have round here? Is the land owner responsible for a 30ft verge either side of the road?

Assuming the road has not been built on land purchased by the State for that purpose, then yes, they are responsible. But they could let scrub grow up if they like, just ensure that it doesn't encroach on the metalled road. Thats the requirement - to not impede traffic or create a hazard.

http://wardens.cotswoldsaonb.org.uk...ent-of-road-side-verges-faq-v2-april-2015.pdf

 

[Wombat]

Assuming the road has not been built on land purchased by the State for that purpose, then yes, they are responsible. But they could let scrub grow up if they like, just ensure that it doesn't encroach on the metalled road. Thats the requirement - to not impede traffic or create a hazard.

http://wardens.cotswoldsaonb.org.uk...ent-of-road-side-verges-faq-v2-april-2015.pdf

Thanks Thats interesting as quick google found a couple of council websites that say they are responsible for trees and scrub on the verge of all highways, the hedges and trees in the hedge line are the landowners as normal.

 

[acorn]

There is a horse owner near here who doesn't pay, so I stopped doing their hedges. The roadside consists of just 30mtres of hedge adjacent to a pavement. The council verge cutting bloke did his one cut along the bottom around June.
By end of July, briers and such were over hanging at face height and someone complained to the council, I'm not sure what went on but a council brusher came and cut the hedge and the horsey bloke (landowner) had to foot the bill. I can only imagine how much it would be, but I'd guess its a lot more than what he wouldn't pay me

A farmer in the locality had the same type of letter from the council, his reply was "Does that mean that I can repair the potholes in the road and send you the bill"
He heard no more......