ABSTRACT

This chapter explores the way in which the law applies so as to regulate the planting, maintenance and felling of trees on highway land, and on land adjacent to the highway. It considers the nature of a highway, the ownership of highway trees, and the responsibility for them and for trees on neighbouring land; and highlights the liability for trees that cause danger to highway users and damage to nearby property. All of these factors may lead to action by highway authorities, to pre-empt future problems – which will rarely need consent. The basis of the recent Sheffield litigation is explored.