Tree fallen in neighbors field

[Highland Mule]

Recently recovering from bowl cancer and spent Two years in doors due to Chemo therapy & covid and ended up having to retire Early. So the reason for buying the wood was to give myself something to do and a place to go to enjoy the countryside and nature. Love wildlife photography & hope to learn how to manage the woodland for Coppice work & Nature Conservation. Hope to learn to do most of the work myself but if the job is to big for me to handle may call in professional help when needed. Currently buying equipment but will also need to gain some Training on using things like Chainsaws. So I think it would be foolhardy to try and handle a Large tree chopping up with a chainsaw without some experience first. As your first mistake could be your last with out some training.

Best wishes for a full recovery, and indeed wise to take things cautious wheere chainsaws are concerned. Just remember that harvest and replant of woodland can be better than leaving things to go stagnant and 'wild'. Too many forget that nature does better with a bit of help, at least on the scale we operate in the UK.

If you haven't done yet, get a look at Episode 4 of Clarkson's farm on Amazon Prime, especially the part where he does some forestry.

 

[Johnboysevern]

Recently recovering from bowl cancer and spent Two years in doors due to Chemo therapy & covid and ended up having to retire Early. So the reason for buying the wood was to give myself something to do and a place to go to enjoy the countryside and nature. Love wildlife photography & hope to learn how to manage the woodland for Coppice work & Nature Conservation. Hope to learn to do most of the work myself but if the job is to big for me to handle may call in professional help when needed. Currently buying equipment but will also need to gain some Training on using things like Chainsaws. So I think it would be foolhardy to try and handle a Large tree chopping up with a chainsaw without some experience first. As your first mistake could be your last with out some training.

The woodland is only small 1.4 acres 1 acre of Semi Ancient Woodland Plus some Scrub land & parking area so Not to massive. Just bought it the end of July & there are around 13 other Small woodland Neighbours & a Major Pine Forest next door. All private land adjacent to a Farm.

 

[Dry Rot]

Recently bought a small Wood in Mid Wales a couple of weeks ago. Last weekend wile working in the wood a dog walker walking on the main track noticed that one of our trees had come down along the trackside in to the farmers field. After we finished work in the wood my wife and I took a walk along the track to take a look. The Willow has fallen in to the field and the base of the trunk is balancing on the fence. We walked down to the farm barns to see if the farmer was around but unfortunately we missed him. We do not currently have a chainsaw to do the work as we were going to ask if we could get someone in to remove the fallen tree. Unfortunately we could not find a phone number either for the farmer at Cwmgilla Farm. So without permition we can't get someone in to remove the Offending tree. We will not be back up there till the weekend. Though we have asked CM tree and Fencing Services for a Quote to remove the Tree. We are still waiting for them to get back to Us also as they said they would take a look. If anyone knows the farmer can he please contact Us on here via private message if possible. Thanks for any help. Owner at Narrows Wood.

Just to state the obvious and perhaps if you are not a country person. but my first thought would be if there's a tree on the fence are any livestock in the field and if so, are they still secured?

 

[Johnboysevern]

Best wishes for a full recovery, and indeed wise to take things cautious wheere chainsaws are concerned. Just remember that harvest and replant of woodland can be better than leaving things to go stagnant and 'wild'. Too many forget that nature does better with a bit of help, at least on the scale we operate in the UK.

If you haven't done yet, get a look at Episode 4 of Clarkson's farm on Amazon Prime, especially the part where he does some forestry.

Yes watched Clarkson's farm Very entertaining series hope he does another Program Gerald & Kalab made the series great stuff.

 

[Johnboysevern]

Just to state the obvious and perhaps if you are not a country person. but my first thought would be if there's a tree on the fence are any livestock in the field and if so, are they still secured?

The fence is still standing and there are livestock in the field the main 99% of the Tree is in the field with the end where it has rotted at the base balancing on the fence uncut able from my side. So would have to be removed from the farmers side of the fence for safety. I would expect the farmer would have seen it by now. and the livestock were still secure down the valley bank.

 

[Johnboysevern]

Curious - what was the reason behind buying the wood, and do you plan to gain the skills necessary to maintain it yourself or will all such work (tree felling, fencing, drainage, etc.) be contracted out? I can't imagine owning an asset that I at least know how to do the basics to.

applied for a Training course at https://www.rau.ac.uk/ a two day course in

Chainsaw LANTRA Awards Maintenance and Operation (Cross Cutting) ​

So hopefully will be able to deal with my own fallen trees in the future .

 

[mo!]

Aa the owner of the tree you have no rights to enter, however the neighbour can demand that you clear up your tree. If they choose to clear it up they must offer you the wood.

Simples.

 

[steveR]

Trimming a neighbour’s over hanging tree which is subject to a tpo is a very interesting point of law.
I do not believe you can be prosecuted if you remove overhanging boughs over your property TPO or not.

Out local Tree Officer would disagree with that statement, but he is a complete dick.

A nice Oak is in a hedgeow (not mine) and is growing over my farm lane and the hedge on the other side of the lane, and is now in the phone lines and I was told I must not touch it without his say so... I think the telehandler might catch the offending branch...

 

[steveR]

Trimming a neighbour’s over hanging tree which is subject to a tpo is a very interesting point of law.
I do not believe you can be prosecuted if you remove overhanging boughs over your property TPO or not.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/14956/tposguide.pdf

Page 34. S6 onwards and S6.9 in specific?

 

[Fendt516profi]

Forestry commission trees often fall onto our land.

Terrible nuisance.

Strange how it's always 12days before Christmas

 

[Exfarmer]

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/14956/tposguide.pdf

Page 34. S6 onwards and S6.9 in specific?

thanks as I thought

 

[steveR]

thanks as I thought

A "grey" area, and clear as mud....

Nuisance

6.9 The LPA's consent is not required for cutting down or carrying out work on trees so far as may be necessary to prevent or abate a nuisance.67 The term 'nuisance' is used in a legal sense, not its ordinary everyday sense.

6.10 Under common law68 a landowner can cut the branches from a neighbour's trees if they overhang his or her property. The overhanging branches are regarded as a 'nuisance' and may be cut at the boundary between the two properties whether or not they are causing any damage. The cut branches, including any fruit, remain the property of the neighbouring owner. The same rule applies to encroaching roots.69 Two properties must be involved, and so householders cannot claim that the trees in their own garden are the cause of a nuisance to themselves.

6.11 Whether the branches or roots of a protected tree can be cut back in this way under the exemption has not been settled by the Courts. In the unreported case of Sun Timber Co. Ltd. v Leeds City Council (a case involving overhanging branches) it was decided that the exemption applies only where the nuisance is 'actionable', in other words where the overhanging branches are causing, or there is an immediate risk of their causing, actual foreseeable damage. If this interpretation of the exemption is correct the LPA's consent would be required under the TPO before cutting back branches or roots which are not causing damage.

 

[Exfarmer]

A "grey" area, and clear as mud....

Nuisance

6.9 The LPA's consent is not required for cutting down or carrying out work on trees so far as may be necessary to prevent or abate a nuisance.67 The term 'nuisance' is used in a legal sense, not its ordinary everyday sense.

6.10 Under common law68 a landowner can cut the branches from a neighbour's trees if they overhang his or her property. The overhanging branches are regarded as a 'nuisance' and may be cut at the boundary between the two properties whether or not they are causing any damage. The cut branches, including any fruit, remain the property of the neighbouring owner. The same rule applies to encroaching roots.69 Two properties must be involved, and so householders cannot claim that the trees in their own garden are the cause of a nuisance to themselves.

6.11 Whether the branches or roots of a protected tree can be cut back in this way under the exemption has not been settled by the Courts. In the unreported case of Sun Timber Co. Ltd. v Leeds City Council (a case involving overhanging branches) it was decided that the exemption applies only where the nuisance is 'actionable', in other words where the overhanging branches are causing, or there is an immediate risk of their causing, actual foreseeable damage. If this interpretation of the exemption is correct the LPA's consent would be required under the TPO before cutting back branches or roots which are not causing damage.

To be fair to prosecute for damaging a tree covered by a TPO would be very difficult as it would be very unusual to actually cause damage by trimming back branches. Its not quite pollarding and I have seen plenty get away with that excuse even when the tree is unlikely to recover