Fallen wood ownership

[Paul in the woods]

If a tree falls from a neighbouring property into mine I assume they still own the wood? Is there any length of time where I can claim the wood?

 

Basically a large tree has fallen into my woodland causing damage to a couple of my trees in the process. I've spoken to my neighbour and he's more than happy for me to clear it and for me to keep the wood. (A fair deal I think as I may have to get help to take down one of my own trees that's now leaning).

 

Ideally I'd get something written down but many people just don't do that. I don't expect there to be a problem and I'll stack the wood for a year or two to season anyway, but I'm just curious to know where I stand.

[AA Teccie (Paul)]

"Possession is 9/10ths of the law" - record (write down when/where/how etc.) the conversation took place, take lots of photographs and carry on I would suggest.

 

Cheers,

Paul

 

PS This is just my opinion, not a statement of law.

[fagus]

Give the guy a duplicate dated receipt for zero £ the wood.

[treequip]

The law holds that the tree belongs to the land whence it grew

 

Its his and he shouldn't retrieve it without your consent. It and any damage caused would be a civil case, the police wont be interested unless he strays into criminal damage in the act.

 

Any damage caused would probably be a civil case

 

Suit for damages and possible counter suit for the value of the timber is the worst case, you have done well to come to an understanding

[AA Teccie (Paul)]

The law holds that the tree belongs to the land whence it grew

 

But what that it is now no longer "grewing" on said/same land...does the law still hold the same?

 

Where's that Mr Mynors chap when you need him

 

Cheers..

Paul

[Gary Prentice]

But what that it is now no longer "grewing" on said/same land...does the law still hold the same?

 

Where's that Mr Mynors chap when you need him

 

Cheers..

Paul[/quote

 

Yes. Fruit, fallen limbs etc remain the property of the tree owner. You have to offer it back.

 

There still appears a lot of confusion, even among some well qualified arboriculturists, as to who become responsible after the tree leaves the original property.

[treequip]

But what that it is now no longer "grewing" on said/same land...does the law still hold the same?

 

Where's that Mr Mynors chap when you need him

 

Cheers..

Paul

 

I think that the majority of "escape bids" would still be attached or partially on the "owners land" and therefore part of it

[Wendelspanswick]

Is there a reasonable amount of time for the owner of the fallen tree to remove it from your property? We are in a similar situation as when we bought our woodland at the end of 2013 a very large beech tree had fallen across the boundary from an adjoining garden onto our side. I spoke to the elderly owner who stated that her gardeners would remove the timber and repair the fence and to be fair they did start ringing it up but it's on a very steep slope which makes access awkward for them from their side and since then nothing more has been done.

[Paul in the woods]

I think that the majority of "escape bids" would still be attached or partially on the "owners land" and therefore part of it

 

Funny you should mention that, in my case the tree has snapped about 20-30' up and the top 50+' has sailed into my wood taking a few trees with it. Must have been fairly impressive sight!

[Paul in the woods]

Is there a reasonable amount of time for the owner of the fallen tree to remove it from your property? We are in a similar situation as when we bought our woodland at the end of 2013 a very large beech tree had fallen across the boundary from an adjoining garden onto our side. I spoke to the elderly owner who stated that her gardeners would remove the timber and repair the fence and to be fair they did start ringing it up but it's on a very steep slope which makes access awkward for them from their side and since then nothing more has been done.

 

The owner is not interested in the tree and has plenty of other firewood and trees down. They're a busy farmer and seemed appreciative of the phone call but I expect he'll be annoyed I don't take his word and insist on something written down - hence the question.

 

I've taken loads of photos and I'll make some notes. If there was any claim for the firewood I could claim far more for the damage done and the expense of clearing it.

 

The only slight worry I have is the tree is nice and straight and I'd be tempted to try milling a section.