Fallen tree, who does it belong to now?

milkloss

Member
Livestock Farmer
Location
East Sussex
This question comes up time and again, and the answer is simple.

When a tree is growing, it belongs to whomever owns the land it is growing on. If its branches hang over your property, you have a right to trim them, but you must return the branches to the owner of the tree. They cannot stop you trimming what hang over your property, but you must return the off cuts.

Once the tree falls, it belongs to whoever's land it fall on. It is no longer living and not attached to the ground which is owned.

While there is an argument over who owns the hedge when the tree is living and growing, that argument is irrelevant when the tree has fallen.

It belongs to whoever owns the land it fell on.

The principle has been established by Court cases relating to fruit trees. When the apple is growing on the tree it belongs to the owner of the tree (even if the branch is hanging over the boundary wall and is over your property). However once the apple falls off the tree and lands on your property the apple is yours!

I would presume the owner of the tree pays for any damage it does on the way down?
 

Goweresque

Member
Location
North Wilts
This question comes up time and again, and the answer is simple.

When a tree is growing, it belongs to whomever owns the land it is growing on. If its branches hang over your property, you have a right to trim them, but you must return the branches to the owner of the tree. They cannot stop you trimming what hang over your property, but you must return the off cuts.

Once the tree falls, it belongs to whoever's land it fall on. It is no longer living and not attached to the ground which is owned.

While there is an argument over who owns the hedge when the tree is living and growing, that argument is irrelevant when the tree has fallen.

It belongs to whoever owns the land it fell on.

The principle has been established by Court cases relating to fruit trees. When the apple is growing on the tree it belongs to the owner of the tree (even if the branch is hanging over the boundary wall and is over your property). However once the apple falls off the tree and lands on your property the apple is yours!

Thats all very well, but does that mean if my neighbours tree falls on my side of the boundary, I have to clear up his tree? I have a neighbour whose willow trees are constantly shedding branches onto my side of the boundary, due not being pollarded, and refuses to do anything about it.
 

alex04w

Member
Mixed Farmer
Location
Co Antrim
Just for clarity, has the ownership of a fallen tree been established in a court case or just the principle involving an apple which you are applying to a whole tree?
I would presume the owner of the tree pays for any damage it does on the way down?
Thats all very well, but does that mean if my neighbours tree falls on my side of the boundary, I have to clear up his tree? I have a neighbour whose willow trees are constantly shedding branches onto my side of the boundary, due not being pollarded, and refuses to do anything about it.


I think these links answers most of the queries raised in the quotes above and confirm the details in my original post


 

Goweresque

Member
Location
North Wilts
I think these links answers most of the queries raised in the quotes above and confirm the details in my original post



Doesn't answer my question.
 
I think these links answers most of the queries raised in the quotes above and confirm the details in my original post


Can’t find any mention of trees fallen over and what rights the owner of the property they fall on/owner of the property they fall from have.
 
It's not clear who owns the hedge that separates my 2 paddocks from the neighbouring farmland. The late neighbouring farmer originally owned my bit but sold it to the developer who built my house. There are no "tees" on the deeds map to show who owns it.

The hedge has had no maintenance for 60 years probably and now consists of hawthorn bushes 20 feet high. They are clad with ivy and bits of them come down every year. If they fall on the other side they are just left. If they fall on my side I have to deal with them. The farmer's widow can't do anything as she's about 80.

I spoke the the farmer a couple of years before he died and asked him whose hedge was it. He said that it was mine as he had had it put in the deeds so that he wouldn't have to maintain it! Being diplomatic I didn't mention it, but it cant be mine as all the barbed wire is nailed to the trees on her side!
 
Location
southwest
It's not clear who owns the hedge that separates my 2 paddocks from the neighbouring farmland. The late neighbouring farmer originally owned my bit but sold it to the developer who built my house. There are no "tees" on the deeds map to show who owns it.

The hedge has had no maintenance for 60 years probably and now consists of hawthorn bushes 20 feet high. They are clad with ivy and bits of them come down every year. If they fall on the other side they are just left. If they fall on my side I have to deal with them. The farmer's widow can't do anything as she's about 80.

I spoke the the farmer a couple of years before he died and asked him whose hedge was it. He said that it was mine as he had had it put in the deeds so that he wouldn't have to maintain it! Being diplomatic I didn't mention it, but it cant be mine as all the barbed wire is nailed to the trees on her side!

What difference does it make where the wire is nailed? The farmer wasn't going to fix the wire to your side was he? The farmer has told you it's yours as he didn't want to maintain it and it hasn't been maintained. Why do you choose not to believe him?

It's either yours or the developers'!
 
Location
southwest
Because he put the wire up when he owed the hedge. Then (as he told you) he sold the land and hedge to a new owner (wherein after referred to a "the Developer")

The Developer then developed the land and sold it to you. The Developer probably sold you the hedge as well, but being more interested in a quick profit than what happened years down the line, didn't bother to get the deeds done properly.
 

Turkish_FR

Member
Mixed Farmer
It belongs whoever win the thumb wrestling.
 

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Lincs Lass

Member
Location
north lincs
Round here we have alot of swedish and austrian woodworm ,,very sharp teeth ,,they are not fussed what variety of wood it is ,they eat it and they are very clever as they leave it in perfect size lumps that fit in the fire ,,Im sure you must keep one or the other breeds in your shed ,,they've always got a rayveness appetite ;)
 

ILovebaling

Member
Location
Co Durham
Rubbish or not ,,when its free its good firewood ,anything that's free is useful

Got some free willow wood once, took a day to get it, another day to saw it up and another day to chop it. Stored in a shed for a year to dry out and what was left was basically foam logs they were that light. Burned in about 5 minutes on the log burner and produced little, if any heat. Complete waste of time and energy even for free.
 

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