Q. The local highways authority has contacted me to say that they need to enter my garden to carry out a survey for highway purposes. I'm not sure why they need to come onto my land, but I presume they are allowed to do this?
A. Highways Authorities have a wide range of responsibilities including, amongst other things, the provision of roads and footpaths, the planting of trees and laying out of grass verges, and the cutting or felling of trees that overhang or are a danger to roads or footpaths. In order to enable them to carry out their many functions properly they are entitled to enter onto any land (including private land). Seven days' notice must be given to any occupier of the land.
Typically they would enter land to, for example, survey or prepare plans for highway purposes, to establish the location of sewers or drains, to establish or fix boundaries or examine whether any hedge, tree or shrub is dead or diseased. If permission is refused by the occupier or owner, the highway authority can obtain an order from a magistrates' court.
For legal advice contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey Solicitors have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk . Patterson, Glenton & Stracey Solicitors: Guided by Logic.
