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Author Topic: Windfalling tree ownership.  (Read 3400 times)
Baz
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« on: January 06, 2012, 12:47:49 PM »

Radio 2 jeremy vine friday.
Tree branch falls in road - can you have it?
Legal eagle rules NO. Timber even as fuel is a valuable asset of the landowner so belongs to him even if it falls in road. Law goes back to 1620's. Makes sense after all if it fell on your head you would be saying it was his so would be after him for compensation.

If it was on public land then it's the council who own it not the public. Commoners Rights / venville rights / rights of turbury sometimes modify this.
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M
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« Reply #1 on: January 06, 2012, 12:51:31 PM »

This may not be true, but I remember hearing that if overhanging fruit falls into your garden you can keep it, but if you trim overhanging branches, then technically you have to offer the material to the tree owner, but they don't have to take it off you if they don't want.

Mart.
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Just call me Mart.     Cardiff: 5.58kWp PV - (3.58kWp SE3500 + 2kWp SE2200 WNW)
garethpuk
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« Reply #2 on: January 06, 2012, 01:10:10 PM »

I made a point of listening to it and it does make sense, I was curious about the ownership of trees in rivers as that where most of my wood comes from! I'm guessing I could argue that ownership of the tree cant be proved  Grin

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Barrie
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« Reply #3 on: January 06, 2012, 01:28:48 PM »

The plan at the land registry for our sailing club shows the thick boundary line down the centre of the adjacent river, which means any trees on our bank are ours and any trees on the other bank are somebody else's.

I would suggest that trees along a river bank, even though it does have public access, do belong to somebody.

We do have a problem with the trees on the island in the middle of the river as the thick black line doesn't define which trees belong to who!
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Milton Keynes Vauxhall Insignia EcoTech
Baz
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« Reply #4 on: January 06, 2012, 02:00:01 PM »

Growing trees on riverbank and probably flotsam will have an owner though as illustrated that may be unclear.
The element of the program that covered riverbanks was only about flood carried flotsam on banks which were the responsibility of the river authority rather than private. Non legal listener views indicated removal of such was ok but probably as tolerated practice to save them cost of removal rather than a legal right.
Fruit was not mentioned but I think M was right above.
Local bylaws can override things.
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garethpuk
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« Reply #5 on: January 06, 2012, 04:15:51 PM »

The ones I get are washed down and end up on the river bed once the water drops or they are jammed against the bridges. I dont know what other councils do but up my way they seem to leave them for months and then either cut them into 3 or 4m lengths and leave them for the next flood to move them or they drag them to the banks before leaving them.

The rule I usually use is leave it for a bit, if possible speak to one of the local estate or council workers before claiming it and if someone else has started to cut it, leave it.

I thought I was on a winner last year as I knew a tree needed moved as it was huge and jammed against a bridge, but on closer inspection I would have needed at least a 3ft bar on the saw  Sad Once word got around that the council had cut it up and it was going free half the town descended on it and it soon vanished!
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rickw
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« Reply #6 on: January 07, 2012, 02:36:18 PM »

Wouldnt be Haversham Sailing Club would it Barrie?
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chasfromnorfolk
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« Reply #7 on: February 09, 2012, 09:36:31 AM »

I can see the useful logic of placing ownership elsewhere in the case of injury, but I thought (schoolboy error?) the "by hook or by crook" referred to the right of peasants access to deadwood within reach of hooks or crooks. That would naturally include stuff on the ground.
So, do we have a solicitor-fattening situation whereby it's important to know how high the branch was before it fell?

Cheers,

Chas
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charlieb
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« Reply #8 on: February 09, 2012, 10:12:48 AM »

Whether it's true or not I really like that as the origin of the expresion Chas.   Since the big storm we've had a few chancers claiming they thought it was free-for-all if the tree had blown. They all scarpered pretty quickly when we turned up, though, so they were clearly making exuses rather than thinking they were actually right.    One of them was a friend of a friend, though, and had a roofing ladder on his van - we got the storm-damaged roof ridge on the house fixed for free, when roofers are impossible to come by, and were quite happy to let him fill his van up with wet logs.

As a landowner, I often think about putting 'free logs' signs up, particularly for softwood blow near roads, and occasionally do. The family consensus is that it'll give people the wrong idea, though, so is a mistake in the long run. Sadly I think they're right - a pity you can't rely on everyone to be reasonable.
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clivejo
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« Reply #9 on: February 09, 2012, 11:36:45 AM »

As a landowner, I often think about putting 'free logs' signs up, particularly for softwood blow near roads, and occasionally do. The family consensus is that it'll give people the wrong idea, though, so is a mistake in the long run. Sadly I think they're right - a pity you can't rely on everyone to be reasonable.

Very bad idea, I know someone did this to cut back some roadside trees.  The boyo came along put is ladder up against the tree and proceeded to cut lumps off the tree.  A branch came down, knocked him off the ladder into the landowners field.  The guy sued the landowner, successfully, and was able to claim on the landowners insurance(farm).  Apparently, only licensed 'tree surgeons' are allowed to cut down trees now. They are certified and carry they're own insurance for the job. 

I think what your supposed to do is pay for it to be cut up, logged and stacked in a house somewhere.  Then stand back while thieves to come nick it, after you do all the work at your expense.  banghead
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DISCLAIMER : Iím not responsible for anythingÖ for anything I say or do. Cos Iím a proud member of clan Eejit who once ruled Ireland.
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