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Ty Korrigan

Felling licence

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6 hours ago, daltontrees said:

Another ocnsideration is that Roads and Highways vests verges and in some cases the trees on them in the public onwership regardless of process and regardless of ownership of the land beneath the verge. That would explain the Counci's comments. It will have a register of adopted roads and verges that it can check.

I'm not sure I understand that. If I own the land I would assume I own the trees growing on the land. Seems to match up with my highways dept anyway:

 

"Many hedges and trees grow on the edge of the highway and mark its boundary with private property. In these cases the adjacent landowner or occupier is responsible for maintaining them. This also applies to trees that overhang the highway or fall on to it. If you are unsure whether you are the owner check your property deeds or The Land Registry."

 

Without looking at the deeds in this case there's not really much for anyone to go on.

 

I'm also curious with regard to comments about it being a verge. Looking at the streetview it would seem the trees were part of a hedge. My understanding of a verge is that it would stop at the edge of the hedge and not include it - is that wrong?

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1 hour ago, Paul in the woods said:

 

I'm also curious with regard to comments about it being a verge. Looking at the streetview it would seem the trees were part of a hedge. My understanding of a verge is that it would stop at the edge of the hedge and not include it - is that wrong?

 

Normally the highway would be hedge to hedge but the hedge could be planted after the highway was established. Which is why old maps would need looking at.

 

The thing is most highways date from much earlier times when all the land was in the ownership of the manor. Over time freeholds were sold off but the highways and verges remained wastes of the manor and stayed in the ownership of the lord of the manor. Often LAs took on ownership of manorial wastes and also may well be the highway authority.

 

In most cases the highways were rights of way over land owned by someone, whether the lord of the manor, successors in title or other enterties. Later when more modern roads were built by the HA, including Highways England and their predecessors, they would have purchased the land over which the road was built from a landowner.

 

So as land became enclosed the adjacent landowner would fence off their land, often with a ditch with the spoil thrown up inside their land and a hedge established on top. The highway could be quite wide as users wandered around muddy spots and then later the HA would metal the surface of a carriageway. All the land either side of this carriageway would remain in the ownership of adjacent land and any trees on it would be the property of the landowner even though they were on the verge of the highway.

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10 hours ago, daltontrees said:

This appears to be a breach of the Forestry Act as there are no clear exemptions that could have been used to avoid the need for a felling license.

Dangerous / dead?

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56 minutes ago, kevinjohnsonmbe said:

Dangerous / dead?

 

Yeh difficult to say if there's a breach as we don't know all the details. Although we assume its a highway verge as its next to the carriageway, I do see locations where the highway and local authority stops at the edge the carriageway and the verge is privately owned, though maybe not that common and as stated already could be private ownership but still falls under highways maintainable at public expenses.

 

I'm guessing that they would have checked recent planning applicants to see if there removal was part of it.

 

Will be interesting to what the councils finding area once they have investigated

 

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11 hours ago, kevinjohnsonmbe said:

Dangerous / dead?

... Or even diseased.  Still, makes a good friday night post, Korean was a poor choice, sadly. K

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