Overgrown landowners risk major compo claims

LANDOWNERS in Kerry who fail to maintain roadside trees and hedges have been warned they are leaving themselves open to major compensation claims in the event of accidents.

Thousands of letters have been issued to landowners by Kerry County Council, but many are refusing to comply with the Roads Act 1993 which puts the onus on landowners to trim their hedges.

Independent Cllr Brendan Cronin told a meeting in Killarney he knew of a case where a landowner “paid dearly” following a fatal accident that occurred when a tree branch fell on a car causing a man’s death.

“I believe every landowner should cut their hedges,” Mr Cronin said.

“Another point is that 2,300 farmers in Kerry are in the REPs scheme, under which they are obliged to cut their hedges.”

FF Cllr Colin Miller proposed that when landowners ignored all notices to cut hedges, the council should itself do the job and then send bills to the landowners to recoup costs.

“This is a very serious situation. In some places, roads are almost blocked by trees. We’re making no progress in this area whatsoever and very few people are being prosecuted.”

Independent Cllr Danny Healy-Rae claimed the council’s policy had failed and it was time the council resumed hedge cutting.

“‘People are asking where the money they pay in car tax is going. They can’t see that money being spent on their local roads,” he added.

Senior roads engineer Paul Stack said the law stated very clearly that it was the responsibility of landowners to cut their hedges.

“This issue is taxing every local authority and local authorities have to operate within the law. Whether we like it or not, we must comply with the law until the situation changes,” he said.

Mr Stack said the situation in Kerry had started to improve, with the majority of people cutting their hedges.