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Cutting Fallen trees from public footpaths?


chuck norris
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1 hour ago, Treewolf said:

To the best of my knowledge (based on information I was given about 40 years ago) you can legally remove an obstruction such as a fallen tree from a public right of way sufficient to pass but you (a) mustn't remove any arisings (which would be theft) and (b) you mustn't set out intending to remove the obstruction. This latter has implications since if you are equipped with a chainsaw it suggests that you had intent, unless you just happen routinely to carry one. I beleive that you can also deviate from a ROW to the minimum extent necessary to pass an obstruction.

 

The correct procedure (for a footpath, bridleway, or unsurfaced vehiclular ROW) is to report the obstruction to the LA who then should instruct the landowner (who generally is the responsible party) to clear the ROW. The problem comes when the landowner does nothing, or as noted earlier in the thread cuts the tree so that walkers can pass but not 4x4s; if the ROW has vehicular rights this would be a reasonably serious offence of obstruction (an arrestable offence, I believe).

 

As I say this is based on info I was given back in the late 1970s when I used to do a lot of what is now called greenlaning, but long before it became fashionable and antisocial, and all the greenlanes were turned into "restricted byways" as a result. It is interesting, as a side note, to see lanes that i used to drive and which were clear of vegetation, become completely impassable even to walkers now that 4x4s have been banned. There can't have been too much of a conlict of use on some of them if the volume of foot traffic is so low that they are now impassable.

Treewolf I would have just "liked" your posts but it wasn't enough as I agree with all three of your paragraphs.

 

As I said depending on circumstance I would still do it myself if the circumstances were right, with the knowledge it could  be trespass and criminal damage with no lawful excuse.

 

Re your note about paths becoming impassable; a similar thing happens where cross field and field margin paths are fenced in to 1metre width when a new owner wishes to (lawfully) restrict the public right of way. Once it is no longer grazed it soon becomes overgrown. In the past this would just have been an extra burden on the LA but now they can no longer afford to do vegetation management it leads to lesser used paths becoming abandoned. This is especially the case when stock fence is used as animals can no longer reach underneath.

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Cannot imagine any objection. After high winds with a hand saw I keep my woodland running route clear;also pitch any dead wood to the side.

 Ring Highways and offer to clear the obstruction. Take a photograph of before and after. If it happens regularly they may ask you to be a volunteer tree warden

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When my trees fall across the footpath I leave them in the hope it deters dog walkers.

 

Dog walkers with dogs on a lead or close at heel are fine by me, dogs running all over the place completely uncontrolled and bags of shite hanging in the hedge are not OK. I would say 80% or higher fall into the latter category.

I expect the OP to say he is in the 20% category, same as 90% of all dog walkers do (the other 10% just shout and swear at you so it's hard to know)

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  • 1 year later...

Glad I stumbled upon this forum. I cut a tree clearing a path at the weekend. I just took my chainsaw extension up and did it and cleared some other pathway too. I just chucked the logs to the side. I don't really care about any law. I'm doing no wrong. The whole field has been neglected since the council sub-contracted out all the gardening services. They're not interested, I am, so why should they care if I sort out the field?

Screenshot_20190623-094358_Facebook.jpg

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