Business Clinic: Who maintains trees next to utility cables?

Whether it’s a legal, tax, insurance, management or land issue, Farmers Weekly’s Business Clinic experts can help.

Here, Polly Ridgway, legal director in Thrings’ agricultural litigation team, advises on the implications for landowners of trees on their land which are close to utility cables.

See also: Business Clinic – impact of historic rights of way deadline loss

Q. A tree on my property fell in last year’s gales and brought down a high-voltage power cable. The damage to my property cost more than £1,000 in repairs.

I emailed National Grid, informing them that I was very annoyed because it was avoidable.

I had previously asked their tree-cutting contractors to take it down rather than just cutting branches which they refused.

Please can you advise what is correct with regard to trees close to utility cables?

A. We have all witnessed a recent increase in the frequency and severity of storms.

One effect of these storms is the damage they can cause to trees by causing either the tree or its branches to fall, which could result in damage to adjacent public utilities.

For the purposes of this answer, a public nuisance involves interference with the safety or convenience of members of the public in general where there is the creation of danger or an obstruction.

In the context of trees and public infrastructure specifically, a nuisance could occur if a tree or its branches, roots or debris cause damage to public utilities.

Legal position

The Electricity Act 1989 is relevant for the purposes of this article as it addresses the requirement of a landowner (such as the owner of the land on which the tree/s grow), or occupier of the land, to clear or maintain trees where there is a risk that they will obstruct, interfere or constitute a source of danger to the overhead power lines.

This act also grants electricity companies the power to serve notice on a landowner, requiring them to fell or lop any tree or cut back its roots so as to prevent any risk to the public infrastructure.

The utility company must pay the landowner’s reasonable expenses for any works undertaken.

Further, the National Grid’s guidelines also state that a landowner must keep trees clear of power lines to prevent damage, power outages, and safety hazards.

Similarly, the Highways Act 1980 provides that a landowner is obliged to prevent trees from obstructing or interfering with public roads.

If a landowner does not comply with their obligations, the highway authority may serve a notice on the landowner or occupier of the land requiring them to cut back the vegetation.

A landowner should also be aware that there are statutory provisions which authorise utility companies to enter onto private land to perform maintenance themselves if necessary.

While the National Grid does operate a tree-cutting programme to ensure safety and to minimise the risk of trees falling into overhead power lines during storms, it is advisable that landowners do not rely solely on this programme.

This is because an action in public nuisance could be made against a landowner if they have interfered with the safety or convenience of members of the public generally.

As a consequence of legislation, it follows that a landowner or occupier of the land should take reasonable steps to prevent damage to any public infrastructure, including highways, telecommunication masts, water pipes and electricity cables.

While the tree-cutting programme is available, it is a landowner who is primarily responsible for maintenance of trees near public infrastructure.

Private nuisance

This article addresses the issue of public nuisance only and not “private nuisance”. A private nuisance is a separate action.

The law of private nuisance is not straightforward.

Put simply, a private nuisance arises where there is interference with a person’s use or enjoyment of land or some right connected with land, such as a person’s private right, as opposed to interference with the rights of members of the public.

Regular inspection and maintenance

A landowner should be vigilant and undertake regular maintenance of any tree near public utilities.

It is advisable that a landowner regularly inspects and/or seeks advice from a qualified arboriculturist on the condition of any tree and documents all steps taken.

If a landowner has queries beyond the summary position of this article, independent legal advice should be sought.

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