| Commentary

135 Ownership

| Commentary

2: TREES

(a) Ownership

135 Ownership

The trees and shrubs growing in a garden belong to the owner of the title to the garden even though the branches and roots may extend over or under the land of another owner. Private land law disputes may arise between the tree owner and the neighbours as to trespass, nuisance and negligence by intrusion of roots and branches1. Where the garden adjoins the highway, there are further obligations on the tree owner under the Highways Acts which prohibit the obstruction of highways, including public footpaths, by trees and shrubs2.

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