ABSTRACT
This chapter provides a brief overview of the law in relation to trees and the reader is directed towards the encyclopaedic second edition of Charles Mynors, for a more comprehensive investigation into all the legal aspects relevant to trees. The Highways Act 1980 requires that the highway is kept clear of obstructions that prevent the public use and enjoyment of the highway. The 1991 Act along with associated regulations and codes of practice also introduced new standards for the reinstatement of the highway surface. Tree roots tend to be distorted or deflected by the presence of immovable objects, as can be observed where the root systems of trees growing in structural soils have been exposed. Dr Giles Biddle has spent much of his professional life investigating the practical problems of tree root damage to buildings for insurers, loss adjusters, solicitors and local authorities.
