| Commentary

138 Trees and the highway

| Commentary

138 Trees and the highway

Where branches overhang, or roots undermine, a highway, there are statutory provisions allowing a highway authority to lop trees and fell dead, dying or insecurely rooted trees if they are likely to cause a danger by falling on the highway1. If it is established that the trees are part of the highway verge and are under the control of the highway authority, the authority may be liable to the garden owner if it allows such trees to cause damage by intrusion over the garden owner’s boundary. This is so whether by falling branches

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