Harvesting timber on potentially unowned land

[dan blocker]

On 26/08/2022 at 12:00, RobHeskin said:

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?

If the bridleway is on private land the “bridleway people?” have no right to take any wood away. By “bridleway people” presume either local council, parish footpaths officer or their contractors. What do you mean by “complete lack of responsibility taken for land either side” of the bridleway? Landowners should only take measures to ensure trees etc do not pose a risk to people using the bridleway, the rest of their land is for them to do with as they so wish. 

[RobHeskin]

On 30/08/2022 at 20:03, dan blocker said:

What do you mean by “complete lack of responsibility taken for land either side” of the bridleway? Landowners should only take measures to ensure trees etc do not pose a risk to people using the bridleway, the rest of their land is for them to do with as they so wish.

Yes, I perhaps didn't phrase it too well. There is a bridleway leading up onto a moor with about 3-5m of wooded verge either side. This is enclosed by a fence on one side and a dry stone wall on the other. Beyond those are a farmyard one way and a smallholding the other with pasture land further up. The bridleway then opens out into some wider woodland further up the moor. 

 

The private land beyond the fence/wall is all farmed or well managed or just left to be acceptably wild. The bridleway itself gets frequent daily foot-traffic as one of the main ways onto the moor. The eroding path surface (in winter it either becomes a stream or a sheet of ice) and the trees are the main points of neglect.

there are some with very exposed root systems and structural issues as well as a few potentially dangerous branches overhanging the bridleway.

 

As it happens, I actually identified the oak branch a couple of years ago thinking that it looked unsafe. I perhaps should have done a bit more than just talking to the farmers either side, like notifying the council, but I never got around to it. One of them said that I was welcomed to chop it down myself if I was concerned.

 

To answer the other thing you said, yes, it was probably a contractor who dealt with the fallen branches on behalf of the council. There is a local volunteer group who take care of local bridleways and public footpaths but I doubt they would organise/sort out this kind of thing.

[trigger_andy]

1 hour ago, RobHeskin said:

Yes, I perhaps didn't phrase it too well. There is a bridleway leading up onto a moor with about 3-5m of wooded verge either side. This is enclosed by a fence on one side and a dry stone wall on the other. Beyond those are a farmyard one way and a smallholding the other with pasture land further up. The bridleway then opens out into some wider woodland further up the moor. 

 

The private land beyond the fence/wall is all farmed or well managed or just left to be acceptably wild. The bridleway itself gets frequent daily foot-traffic as one of the main ways onto the moor. The eroding path surface (in winter it either becomes a stream or a sheet of ice) and the trees are the main points of neglect.

there are some with very exposed root systems and structural issues as well as a few potentially dangerous branches overhanging the bridleway.

 

As it happens, I actually identified the oak branch a couple of years ago thinking that it looked unsafe. I perhaps should have done a bit more than just talking to the farmers either side, like notifying the council, but I never got around to it. One of them said that I was welcomed to chop it down myself if I was concerned.

 

To answer the other thing you said, yes, it was probably a contractor who dealt with the fallen branches on behalf of the council. There is a local volunteer group who take care of local bridleways and public footpaths but I doubt they would organise/sort out this kind of thing.

Sounds like you should volunteer to maintain this Bridle way. Let your back do the talking instead of using it as an excuse to steal timber….

[Johnsond]

On 30/08/2022 at 10:34, trigger_andy said:

Mill on location? 

Alaskan and 880 then dragging oak slabs up an embankment 🤮🤮. Maybe over the winter mate  to keep warm 

[openspaceman]

On 30/08/2022 at 20:03, dan blocker said:

f the bridleway is on private land the “bridleway people?” have no right to take any wood away.

That's right; I volunteer on some rights of way vegetation and surface maintenance and we are not allowed to remove any wood.

 

Actually since covid the organisation has fallen down and only three sessions have taken place, none since July, which is of course when the major vegetation problems arise.

[dan blocker]

On 31/08/2022 at 21:51, RobHeskin said:

There is a bridleway leading up onto a moor with about 3-5m of wooded verge either side. This is enclosed by a fence on one side and a dry stone wall on the other. Beyond those are a farmyard one way and a smallholding the other with pasture land further up. The bridleway then opens out into some wider woodland further up the moor. 

 

The bridleway itself gets frequent daily foot-traffic as one of the main ways onto the moor. The eroding path surface (in winter it either becomes a stream or a sheet of ice) and the trees are the main points of neglect.

there are some with very exposed root systems and structural issues as well as a few potentially dangerous branches overhanging the bridleway.

 

One of them said that I was welcomed to chop it down myself if I was concerned.

 

It’s quite possible that if it’s access to the moor then who ever owns the moor owns the bridleway. Someone owns the moor.

Strange that a farmer makes a statement that “your welcome to chop it down if your concerned”.  If he doesn’t own it why make that comment? If he doesn’t own it - say nothing?
Don't expect the ground to be stoned or tarmac, who ever owns it is only expected to maintain it level and graded so there’s no trip hazard, with adequate head/ side clearance, not sure of the minimum width required for donkey wollopers 🤔. Adverse winter conditions have to be expected and best left to dry out, can’t stop water running down?

There must be some pieces of oak with far better access and less hassle than this one.