Devon TRF Group Forum

Do tell?!

Dogging meet?

Police interviewing trees ..............................

Haha well what happened was. A artic got abit stuck in a lane, Managed to get tangled in the hedge and pull a tree out which fell directly between the tractor unit and trailer.



Like so.

Anyway everyones helping out removing it and then pc plod turns up......



Said stop everything we dont know who owns the tree........haha what a joke, after a grilling from alot of held up motorists they saw sense and let everyone carry on....



And the truck was towed out....

Stupid plod...

Anyone has the right to remove/reposition objects blocking the highway..or of interest to us...to take an available diversion to bypass the blockage...



You are entitled to take reasonable steps to remove an obstacle in your way.

It would probably be reasonable to cut back overhanging vegetation with secateurs, or to break a lock on a locked gate, but it would not be reasonable to take away an unlocked gate, as opening it would sufficiently clear the path to allow you to pass. A highway user can only remove as much of the obstruction as is necessary to exercise his right of passing along the highway.

Removing too much of the obstruction, for instance by cutting back too much vegetation, is a statutory offence under section 1 of the Criminal Damage Act 1970, and the owner would be permitted to sue for damages.
Obstructions which cannot be dealt with at the time should be reported, either to the landowner, or to the local highway authority.

However a fallen tree in a highway is OK to cut up and remove so progress can be made.

Owners rights and responsibilities

Ownership A tree is usually yours if its trunk grows on land you own. Trees growing exactly on a boundary are usually the joint property of the two owners. If you are a tenant, your tenancy agreement should list rights and duties in relation to any trees on your property. If you are a Council tenant, contact your Area Housing Officer regarding any problem you may have with trees.

Trees obstructing the highway

The Highways Act 1980 requires that trees and other vegetation do not obstruct the passage of users. The Highway Authority requires a minimum clearance over any part of a footpath of 2.4 metres and over any part of a road of 5.2 metres. The Highway Authority have the powers to enforce these clearances. If the tree is protected by a Tree Preservation Order (TPO) or growing in a Conservation Area you should consult the District Councils Countryside Officer before carrying out any work. For trees affecting the highway or on highway land (Roads, Footpaths and roadside verges)


So in short the clearence on any road above the road surface is 5.2 meters.. if the tree was within 5.2 meters then the lorry driver can sue the landowner. If it was beyond this 5.2 meters then the lorry driver is at fault and the police simply need to report the accident in view of s1 Criminal Damage Act as the driving of the lorry along a narrow road could be deemed recless..

The Council are reponcible for removing fallen trees. But anyone can remove enough of it to allow progress along the road..

There does on the face of it, if there were no injuries, nothing that would require the police to stop the clearing of the fallen tree.


I do wonder how anyone gets caught for doing bad things anymore...

Oh sorry I forgot.. they are probably all MP's... or their mates...