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Working on tree's over the canal...


swinny
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Is there a clear fell into your client's land? Like, can you just install a winch cable and pull them over? Or is there a fence, wall or some such that means you will have to work the crown and remove bit by bit? Because, in the first instance, you don't need to climb out over the water, so you won't be tresspassing. And even if you did have to, who would know?

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13 hours ago, eggsarascal said:

The important word in this sentence is 'New'.

Cameron era I think. I don't know what the law was in the golden era of mining. The starting point is that you own your underground and you own your minerals. Perhaps miners had to buy mineral rights from landowners (or just buy the land with mineral rights) or perhaps there was similar thing to the undercut fracking law where miners were statutorily absolved from what would otherwise be a trespass. I imagine it was the former.

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9 minutes ago, AHPP said:

Cameron era I think. I don't know what the law was in the golden era of mining. The starting point is that you own your underground and you own your minerals. Perhaps miners had to buy mineral rights from landowners (or just buy the land with mineral rights) or perhaps there was similar thing to the undercut fracking law where miners were statutorily absolved from what would otherwise be a trespass. I imagine it was the former.

Scroll to the bottom of the page 'mines and minerals'.

 

WWW.INBRIEF.CO.UK

What is your land? The legal definition of land has far more meanings than just the actually earth beneath our feet...

 

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On 06/09/2019 at 17:50, swinny said:

Anyone had any dealings with working on tree's overhanging the canal? 

 

Customer has informed the canal and river trust about some works to be done. Some tree's to remove. 

 

They've asked for public liability ins, date for work, rams and to sign an indemnity form. 

 

As far as I'm concerned we are not entering the water course. All to be rigged back to customers land.

 

Been told without submitting the info we / customers cannot do the works / remove their tree's.  Laughable

 

How daft is that? The tree's are the customers on the customers land and the canal and river people say we cannot do the works without sending the info through to get a permit to work.

 

I'd never had rang them personally...

 

 

Having waded through 4 pages of replies about this, which demonstrate the usual spectrum of tangential Arbtalk opinions, from being professional to 'fuck 'em', I wonder as often I do why people don't 'see the wood for the trees'. I expect it is a distraction from the answer that this is a canal situation.

 

If you want to use anyone's land or enter their airspace, you generally need their permission and it's not unreasonable for them to want to grant permission only subject to conditions that satisfy them that you have planned the work such that their property will not be destroyed or damaged and that if anything goes wrong they are covered.

 

So, them asking for RAMS, PII, date and indemnity is not just to be expected, it's perfectly reasonable. That is, if you will be on their land or airspace. If you won't be on their land or airspace, just give them proposed dates out of courtesy.

 

That it is a canal makes little difference. There are byelaws against obstructing towpaths and throwing or discharging things into canals, but they're commonsense and not unreasonable. A bit of sawdust drifting unavoidably is trivial.

 

Sounds like you plan to be professional about the job. Add 'courteous' to that and I don't see what more you need to do.

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I think in the past we have had to seek permission, supply signage to warn boats of works ahead, have a banksperson at either end of the site to advise approaching boats and supervise their safe passage, rams to include working over/adjacent to water with rescue rope float/ring thingy and a possible fee for being there, last site was non towpath side. a few years ago but guess it will be about the same now.

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