OWNING trees, whether it is one or a forest, brings responsibility - a duty of care which includes ensuring that trees on public roadsides are not in a dangerous condition.

Landowners need to be aware that if their land abuts a public highway they may be responsible for trees growing on it, even if the trees are growing on the verge alongside and therefore outside walls or hedges that mark the boundary to their land.

There is a general presumption in law that the owner of land adjoining a highway is also owner of the soil of one-half of the highway, that is, up to the middle line.

Trees growing on a highway belong to the owner of the soil. Consequently, an owner of land adjoining a highway will own the soil and, as a result, the trees.

However, where a highway is adopted by the local highways authority, all trees growing on it will vest in the authority and therefore become its responsibility. The authority can cut such trees down if they become a nuisance, danger or obstruction.

The recent High Court judgement in Poll v Viscount Asquith of Morley and Viscountess Asquith of Morley is arguably the most important case to date involving roadside trees and explores the nature and extent of the duty of care owed by landowners to road users.

The High Court considered a claim following an accident that occurred when the claimant, riding his motorcycle along a road in Somerset, collided with a tree branch on the road.

The branch had fallen from a tree on land owned by the defendants as a result of a visible defect and a concealed fungal defect.

If a competent inspector had carried out a reasonable and proper examination of the tree, the fungal defect would, on the balance of probabilities, have been detected.

The landowners' forestry inspector had not been suitably qualified to be deemed a competent inspector. The landowners were, therefore, in breach of their duty of care to road users and the court ruled in favour of the claimant.

In summary, landowners should identify all roadside trees which they own and are responsible for. They should ensure that a close inspection is carried out by an inspector who is suitably qualified to recognise hazards, both existing and potential, and to carry out (and know to carry out) further detailed examination of a tree where the potential for defects is indicated.

* Adam Wood is a member of the Property team at Blackett Hart & Pratt LLP Solicitors in Darlington. For more information, contact him on 01325-466794.