Municipalities are tasked with keeping roads free of obstructions. Property owners have a duty to maintain their property in a reasonably safe condition so as not to interfere with vehicular travel. So, who is responsible when a tree limb extends over a municipal road? The courts have ruled that municipalities and property owners are both liable when a tree limb or obstruction from the property owner’s land interferes with travel on a municipal road. The municipality and landowner are jointly liable for any injuries caused by overhanging limbs.
The Second-Class Township Code allows township officials to remove trees or shrubs that pose hazardous or dangerous conditions to the use of a township road or that impair its use. Only brush and refuse located along the width and length of the road right-of-way may be removed. Removal of a tree requires that the trunk be in excess of 6 inches and notice prior to removal to the abutting property owner. Any branches that interfere with public travel may also be removed by a township. Similarly, the Borough Code authorizes boroughs to prohibit obstructions in borough streets by creating rules and regulations. Often, such rules and regulations contain specific provisions requiring abutting property owners to keep the street right-of-way areas free of debris and obstructions, which also includes overhanging tree branches. These rules and regulations are often adopted by ordinance.
Should you have any questions regarding rights-of-ways and streets and prevention of obstructions, please contact and member of the municipal law team here.
Craig S. Sharnetzka
President, Shareholder
Learn more about Craig here.
Christine M. Bland
Paralegal
Learn more about Christine here.
