‘Nuisance’ is defined as something that may cause injury, damage or inconvenience to others.
- The owner is not liable for accidents caused by falling trees unless he knew or ought to have known that the tree was dangerous. It can be argued that an owner should know that certain trees are likely to be dangerous, for example shallow-rooted trees such as elm and ash which, if growing near a ditch or on a bank, will be anchored mainly by the roots running away from the ditch or bank into the field.
- The same conditions apply to hedge shrubs, hurdles or fencing placed in the hedge. The owner can be sued for damages if he should have known that these would be likely to cause injury by reason of their condition.
- The owner of a roadside hedge or a hedge beside a public footpath is responsible for seeing that the hedge does not become a nuisance. If the hedge overhangs, or obstructs road signs or lighting, he must trim it back. If any portion of the hedge, bank or hedgerow trees fall on the right of way he must remove it. If he does not do this and the public is forced to make a detour through his land, he cannot claim any damage from their doing so.
- No tree, bush or shrub may be planted within 15’ (4.6m) of the centre of the road. Highway authorities may oppose the planting of trees within 15’ of the carriageway on major roads and 12’ (3.7m) on less-used rural roads.
