Highway Trees Responsibilty

[Pond digger]

If hedge and verge are landowners how come farmers cannot claim stewardship and bps an the verge

Verges

In England and Wales, the adjoining landowner will own the land under the road up to the centre of the highway.
This is the case unless the road has been built relatively recently and the land was purchased from the landowner. Previously the landowner was not compensated for the assumed common right of passage, which was confirmed during the enclosures.
Any plants growing in the highway belong to the landowner, but the highway authority is charged with maintaining the highway surface , which is generally recognised as including maintenance cuts of the verge, presumably to allow the passage of pedestrians.
They are also responsible for maintaining the drainage such as ditches etc to remove water from the highway, even if this means discharging onto neighbouring land, which they are entitled to do.
However the maintenance of the hedges and trees is down to the landowner since he must keep his stock in and stock passing along the highway out. Remeber also that in the recent past hedge trimmings had a value as would hedgerow and other trees. The landowner is within his rights to trim the verges and collect the resultant grass

Certainly in this area, ditches are not normally the responsibility of the Highway Authority. In the Enclosure Act, roads of 40 and 60ft were awarded "exclusive of hedges and ditches." And, as mentioned previously, the adjoining landowner will probably not own the soil under the highway where the highway was part of an enclosure award.

 

[Exfarmer]

Well as I mentioned before they cut a fairly big dead oak tree down adjacent to another of our fields with out even asking us, we own fields on both sides of the lane there too.?? Does this owner ship of the land under the road extend to main 'A' roads too ?

Generally , yes

 

[Exfarmer]

Verges


Certainly in this area, ditches are not normally the responsibility of the Highway Authority. In the Enclosure Act, roads of 40 and 60ft were awarded "exclusive of hedges and ditches." And, as mentioned previously, the adjoining landowner will probably not own the soil under the highway where the highway was part of an enclosure award.

This is incorrect, where the road is the subject of an enclosures award , it is certain the land under the road belongs to the adjoining owners.
Any one who has bought a farm, will know the joy of discovering that several acres of said farm are highway!
The only time that adjoining landowners do not own the road substrate, is when the road has been purchased by the highways authority, or as so often happens today, they are gifted by a developer to the council.
Ps . Rivers are the same

 

[Pond digger]

This is incorrect, where the road is the subject of an enclosures award , it is certain the land under the road belongs to the adjoining owners.
Any one who has bought a farm, will know the joy of discovering that several acres of said farm are highway!
The only time that adjoining landowners do not own the road substrate, is when the road has been purchased by the highways authority, or as so often happens today, they are gifted by a developer to the council.
Ps . Rivers are the same

I beg to differ.

 

[Treemover]

Your solicitor would be the best to advise after looking at your deeds.

Both you and the local authority have a duty of care to the road users; and I have seen both stare not prepared to blink; until it gets taken to court.

I have conducted numerous tree reports for councils where they do not own the said land or trees but are fulfilling their duty.

In one instance I recommended a tree to be felled; they sent the report to the owner and 3 years later the tree falls on a parked car writing it off.

i wouldn't like to be the owner unless they have a report saying the tree was fine and did not require any remedial work.

Be careful with roadside trees, even a small branch can do untold damage to a car.

 

[borderterribles]

A few years ago, a large estate local to us, had a bough fall onto a vehicle during a storm critically injuring those inside the vehicle. It cost them thousands to defend the subsequent claim, which they lost.

 

[Pond digger]

I beg to differ.

Let me explain: land allotments and roads were separate awards of the same Act: the roads were not awarded through, or over already awarded allotments, they were allotments in their own right.

The soil under pre- enclosure roads will almost certainly belong to adjacent landowners.

 

[Lincsman]

I have done loads of searches but found nothing on this.

When is a tree the responsibility of the Local highways Authority?

They have asked us to look at an Oak by a lane which 'may be a potential hazard'.
However the tree centreline is the highway side of the centreline of the hedge, nearly level with the side of the hedge actually, so is their tree to inspect or ours ?

TIA

Look at it, cut it down, sell the timber, all complaints forwarded to council as it was their idea... whats the problem?

 

[puppet]

We had various dying and dead trees marked for felling as potentially dangerous. They are on a steep bank by a trunk road with many leaning to the road and the sunlight. The bigger ones needed felled onto the road as climbing them risky.
Now the council gave permission for new poles and broadband under all these trees so it is going to be much more difficult and expensive to remove other dead ones. First I knew was when the contractors turned up.

 

[caveman]

The land outside of the hedge could well still be owned by a previous tennant.
Check your deeds and see what you or your previous title holders actually purchased the right to occupy.

 

[Ali_Maxxum]

Hit it with the telehandler, it'll have to come down then.

 

[solo]

So in theory all the roadside litter and fly tipping is the adjacent landowners responsibility too, according to the general consensus here

 

[Tarw Coch]

So in theory all the roadside litter and fly tipping is the adjacent landowners responsibility too, according to the general consensus here

Shut up, some times it's best not to think too much about these things.
I can see exactly where you're coming from, let's hope cash strapped local authorities don't see this!

I would argue that litter is one of society's problems so society should pick up the bill, but the same applies to fly tipping.

Perhaps it's time anyone who buys anything from a drive thru was compulsory DNA sampled or that the car reg no was printed on all food packaging.

 

[Dave645]

Our local rules are the highway authority maintain the first 1 meter of the road side verge, after that it's the land owner.
A local farmer to me got that from the highway authority when they were planting hedges and wanted to know where they could plant them for proximity to the road, so from that anything planted more than a meter from the road is the land owners without doubt, if you need it clarifying ring the highways authority, maybe areas differ.
Depending on the trees size, and health give it a good uplift cut if it's healthy or cut it down if it's not.
We have a tree that reached completely across a road that we got council letters about every few years when it started to catch bus roofs, we had it given a uplift cut it's been 5 years now and it's still ok. It didn't take long at all.

 

[Pond digger]

So in theory all the roadside litter and fly tipping is the adjacent landowners responsibility too, according to the general consensus here

Certainly not.

 

[Pond digger]

Our local rules are the highway authority maintain the first 1 meter of the road side verge, after that it's the land owner.
A local farmer to me got that from the highway authority when they were planting hedges and wanted to know where they could plant them for proximity to the road, so from that anything planted more than a meter from the road is the land owners without doubt, if you need it clarifying ring the highways authority, maybe areas differ.
Depending on the trees size, and health give it a good uplift cut if it's healthy or cut it down if it's not.
We have a tree that reached completely across a road that we got council letters about every few years when it started to catch bus roofs, we had it given a uplift cut it's been 5 years now and it's still ok. It didn't take long at all.

A Highway Authority may enter into management agreements with adjoining landowners. However, the fact that they only maintain 1m of verge doesn't automatically absolve them from maintaining the rest, it's just that for the purposes of the highway 1m may be all that is required. The verge of the highway will always be part of the highway, unless it is officially stopped up.