Harvesting timber on potentially unowned land

[RobHeskin]

A big limb split off an oak tree lately over a bridleway near where I live. According to locals and going by the complete lack of responsibility taken for the land either side of the actual bridleway itself, nobody claims ownership of the land and perhaps never has done for the last 70 years.

The bridleways people sent someone to clear the tree as it was blocking the pathway but they didn't take much if any of it away. The body of the limb has just been left covered in chippings in the rough land beside the path.

How legal would it be for me to take my chainsaw and mill frame and harvest some slabs of timber from it?

Edited August 26, 2022 by RobHeskin
Title

[openspaceman]

Firstly all land is owned by somebody. As there is a public right of way passing through it it may belong to the landowner either side, be highway waste or common land.

 

If the ownership has changed since 1948 details will be with the land registry.

 

You may well find no one objects to you taking (stealing) it but more sensible to find the landowner and ask. I have found most public landowners are too risk adverse to allow powered machinery to operate on their land other than their own contractors. Not had a problem from the farmer I pick up logs from.

[GarethM]

The bridleway people can't take any of it away as that would be theft, but they should know who to ask.

 

Generally a bridleway is over or on part of someone's property, £6 on the land registry should clarify ownership.

[Steven P]

Yup, that is what I understand too, all the land is owned by someone somewhere and what is on the land is theirs so taking it you should ask for permission.

 

In reality a child picking up a stick to play with isn't going to cause much trouble, but turn up in full safety gear, with tools, saws, and so on and you are asking for someone to ask what you are doing. The land registry (or registers Scotland) will tell you who owns the land.... if if it is a genuine that no one owns it.. well claim it as yours!

 

It is however unlikely if as you say the owner hasn't done anything to the land for years that they will be passing. If it is accessed by the public then you should also get liability insurance just to be sure.

 

How big is the limb by the way? I am not advocating this but it might be possible to carry it away with a few strong people, the log limb still belongs to someone.

 

 

As for the land being left, some land is on purpose left more wild - nature likes it that way

[RobHeskin]

On 26/08/2022 at 20:24, Steven P said:

How big is the limb by the way? I am not advocating this but it might be possible to carry it away with a few strong people, the log limb still belongs to someone.

 

As for the land being left, some land is on purpose left more wild - nature likes it that way

Thanks for the input everyone.

The body of the limb is about 5-6ft long and 1.5ft wide, and much heavier than I could deal with on my own without first slicing it up. There are a few other smaller branches too but if I do manage to find out who the owner is and get their permission, I think I would be happy with the main stem. It just seems like such a waste of prime oak timber if it's left to rot and no-one claims it or builds something from it.

 

And yes, I do realise that nature prefers things a bit more wild. So do I. Re-wilding is great. It was more a comment on how, speaking to the farmers whose stock graze the land either side, neither seemed to know who owns the land in-between with the bridleway, saying that the local council also appears to ignore it.

Edited August 28, 2022 by RobHeskin

[GarethM]

Without sounding like the farmer I definitely am.

 

I call BS on the farmers/tenants not knowing, we know exactly but play dumb when people are asking and we don't want to discuss it.

[RobHeskin]

13 hours ago, GarethM said:

Without sounding like the farmer I definitely am.

 

I call BS on the farmers/tenants not knowing, we know exactly but play dumb when people are asking and we don't want to discuss it.

Yeah, that's what my wife said.

Looking at the Land Registry, even before I send off for the documents, I try to select the piece of land on the map it automatically takes me to the property of one of the farmers I spoke with.

Both the farmers are quite old and probably limited in the amount they can do so, if the land does belong to one of them, I wouldn't blame them for not wanting to claim ownership as it would be quite a large area of public-access woodland for them to manage all on their own.

 

(That's manage with a small 'm'. As someone has said, wildness is great but when it is an area open to the public, it should perhaps at least be kept reasonably free of litter and such. But then perhaps you can't expect too much of some land owners)

[GarethM]

Sent off, it's all digital pdf via the government website.

You use the magnification glass search map option not property, as the owner isn't necessarily that farmhouse.

 

It's not claiming ownership as it's already owned, it's more acknowledge they own it to people that ask.

 

The landowner has very few responsibilities other than to allow access for footpaths and obvious things like trees falling on heads, bridleways are more council maintenance tho as it's akin to a road including a width and height requirement.

 

But you would need to check the council definitive map to confirm it's status.

 

Are you sure about it being public access woodland, that ring alarm bells in my mind.

 

As landowners we get nothing for all the troubles, especially horsey types.

 

I talk from experience, canal and footpath are a nightmare at times.

Edited August 29, 2022 by GarethM

[Paul in the woods]

18 minutes ago, RobHeskin said:

(That's manage with a small 'm'. As someone has said, wildness is great but when it is an area open to the public, it should perhaps at least be kept reasonably free of litter and such. But then perhaps you can't expect too much of some land owners)

 

Who dropped the litter, the public?

 

Anyway, you might have some luck with the Magic maps if someone is claiming grants on any of the land. https://magic.defra.gov.uk/magicmap.aspx

 

[GarethM]

Magic map only gives field reference for DEFRA, using the search map option would show ownership.

 

Without knowing the place, they could have bought a field and claimed a grant in the late 90s for woodland. And like many claimed a ton of cash and just left it to it's own devices.

 

A neighbor did that and it's now an almost impenetrable wall of trees

Edited August 29, 2022 by GarethM