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GilesO

Mistaken boundary

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We have had a number of mature Ash trees, approx 120 (along with some minor beech and hazels) taken down either side of a footpath. These were mechanically felled and piled up. We had no clue as to who had carried out this work at the time as it was left in an absolutely terrible state and we had had no attempt to contact us even though there is no secret as to ownership. It transpires that a neighbouring farm had carried out the works as they thought  they owned this land- they say that it was only carried out works for ash-dieback but numerous trees appear to be healthy and they were going to return to chip all in better weather ( Their agent tells us ash with die-back is no good for firewood as it rots before seasoned?? Bullsh*t?)

What's the situation here??

We acknowledge that we would be responsible for the trees with die-back close to the footpath but there's one hell of a mess, it seems a terrible shame to chip it all and I'm guessing that there should be replanting to do?? 

Can someone advise if there is a format for this type of problem and what should be expected as a way forward and if some sort of compensation is due?? 

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Seems odd that they don't realize what land its theres, are they still claiming it is there land ?

 

Maybe there just trying it on, Ive known farmers to do that here as being asked to do work a couple time  then  found out/being told that they don't own actually own the land! 😬 (or land is disputed between neigbours)

 

 

Edited by Stere

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I would request a full report in which justified the removal of these trees but, even if there was Chalara die back then you should have been contacted stating your responsibility as the tree owner.

 

Get as many pictures of the felled trees and their condition before the heart wood starts to spot with black stains.

 

I would be furious and certainly take it as far as I could without it being a financial burden.

 

Edited by JonnyRFT
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When challenged re boundary they put their hands up as a mistake it was somewhat fishy- it had obviously cost a few quid to do these works so we wondered it they were just going to take possession quietly and maintain that it had always been theirs.

Is there much money in bio mass??

I'll try to get some pictures on line but i'm bloody useless with computers!!

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48 minutes ago, Steve Bullman said:

Nonsense about it not being any good for firewood. They are looking to claw back their costs by chipping it all and selling for biomass 

They can't what is not theirs surely ?  

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On 23/03/2020 at 07:58, GilesO said:

We have had a number of mature Ash trees, approx 120 (along with some minor beech and hazels) taken down either side of a footpath. These were mechanically felled and piled up. We had no clue as to who had carried out this work at the time as it was left in an absolutely terrible state and we had had no attempt to contact us even though there is no secret as to ownership. It transpires that a neighbouring farm had carried out the works as they thought  they owned this land- they say that it was only carried out works for ash-dieback but numerous trees appear to be healthy and they were going to return to chip all in better weather ( Their agent tells us ash with die-back is no good for firewood as it rots before seasoned?? Bullsh*t?)

What's the situation here??

We acknowledge that we would be responsible for the trees with die-back close to the footpath but there's one hell of a mess, it seems a terrible shame to chip it all and I'm guessing that there should be replanting to do?? 

Can someone advise if there is a format for this type of problem and what should be expected as a way forward and if some sort of compensation is due?? 

I guess that's more than 5 cubic metres. Just in case someone decides to raise it with the Forestry Commission I suggest you beat them to it. I'd also speak to the police. They might not do anything, but you're covering yourself from a lot of potential hassle.

 

Covering their costs no, making a few grand yes.

 

If firewood is £20 a ton unprocessed, and assuming each tree weighs 1 ton that's £2,400 not including the beech etc. At £100 a ton processed it's £12,000.

 

Your neighbour's robbing you and their agent's lying. They've almost certainly felled trees without a licence,  a criminal offence, the Forestry Commission's first port of call is the landowner, you. There may be replacement planting costs that go with the land, i.e. you, not your neighbour, will have to pay for that. And there's a need to make safe the mess next to the path, and clear it all up, again your cost.

 

There's guidance on the Forestry Commission website regards how the felling licence exemptions apply to ash die back, and that will be their guide when deciding if the trees were exempt and what action to take.

 

Keep a record of all your costs and time in dealing with this. It'll be a start if you do seek compensation.

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My local council did this to me a while back felled a hedge obviously on my land (they had to climb over  a wall to get to it)

i recorded all my time on the phone and computer, took many pictures from every angle, and presented them with a bill for the cost of replacement and my time they ignored my first attempt but paid up when sent a solicitors letter, they paid for the letter as well

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1 hour ago, GilesO said:

Thank you all, it gives me strong starting point. Any other advice comments would be welcome.

Contact Forestry Commission field agent for your area.  
 

 

WWW.FORESTRYENGLAND.UK

You can contact local districts directly if you have a complaint, please use the contacts below. If you’d like to know how...

 

 

 

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