Right of Way Question

[Swiss CHris]

Good evening.

 

I hope some general views can be obtained here as I have a taxing issue that as a small woodland owner, I am having issues with.

 

Neighbour has a right of way across one side of my wood and has recently expressed a view that he wants to extract a load of oak and the only way of getting it from his property to wherever is by using the ROW.

 

A general discussion took place and I was gleefully told that I should not worry, all the work will be undertaken by my neighbour and that some sort of arrangement can occur. All informal at present but a few issues arise. I am sorry to be somewhat lengthy here.

 

The ROW has not been used for many many years.

The land between point one and two of the ROW is very populated with some nice trees that may get in the way of his activity.

The land is quite wet in places, I was informed that i need not worry as they would simply put brush down to avoid any damage.

I was also told that I could get a few nice trees out of it for firewood ( I am not naive here).

 

How should I approach discussions with my neighbour about use of the ROW as it will need a lot of work on and also the character of this part of the wood will significantly change? I am worried that he is trying to hood wink me here. I can of course be quite obstinate of course!

Any advice would be greatly appreciated.

 

Also, is there any forester in the Mid Devon area here wanting a bit of a project as the wood needs quite a bit of work on and I simply do not have the time needed to manage the whole wood actively?

 

Many thanks in advance

 

Christopher

[treequip]

The dominant tenement is entitled to use the ROW as detailed in the easement, if the easement is by long use and not written he is entitled to use whatever has been used historically.

 

If it has become overgrown he is entitled to clear it, he is also entitled to improve the surface as needed.

[hedgesparrow]

you say the ROW is on your land but he has use of. then am i right he needs to ask you if he wants to do what he wants to do eg haul logs to his land.

were is the wood coming from what is he going to use to haul the logs. compromise. can he use horses to haul the wood to his land less footprint so less damage to the forest floor and less space needed. and can not see it being any dearer than using a tractor. unless its his but if it gets wet its going to churn it up even if he does lay brash down all that will do is go in and make more of a mess. only other way is a temporary road.

[codlasher]

I would treat this early enquiry cautiously and dig out the ROW agreement if it is in writing just to see whats what.

 

I'm assuming this is a mechanised proposal not horses?

 

Hauling anything will certainly make marks and if it is wet ground the ruts will simply get deeper. I wonder where the brash would come from if he is proposing just to fell hardwood?

Brash matting is a brilliant way of making temporary access but it takes skill to put down AND remove afterwards! If theres none to start with I refer back to my earlier Q.

 

The firewood is another matter and unless you are geared up to cope it's a hard job ringing up a timber tree to split it. It's a hard job just doing cordwood firewood!

 

All timber extraction makes a mess! Unfortunately the best time to fell is in the winter as the sap is down, the leaves are off and the ground softer so less damage occurs to the timber tree.

I used to have an old 3.0 meter power harrow to use on the ruts. This was a good way to make them disappear! I couldn't make the scabs on the roots of trees go away though.

 

There's bound to be someone from your part of mid Devon who will be able to offer more advice too.

codlasher

[treequip]

you say the ROW is on your land but he has use of. then am i right he needs to ask you if he wants to do what he wants to do eg haul logs to his land.

were is the wood coming from what is he going to use to haul the logs. compromise. can he use horses to haul the wood to his land less footprint so less damage to the forest floor and less space needed. and can not see it being any dearer than using a tractor. unless its his but if it gets wet its going to churn it up even if he does lay brash down all that will do is go in and make more of a mess. only other way is a temporary road.

 

Nope, if the ROW is on your land you are the servant tenement and as long as the dominant tenement uses the ROW in accordance with the easement they don't have to ask anything

[LeeWill]

Can u suggest using a sky-line system and your trees that are in the ROW? It will still transport the timber from A to B with no damage to the ground and only minimum damage to your trees in questions, which may be felled anyway for firewood. It's worth looking into instead of scrabbing up your forests. Just a thought.....

[Johny Walker]

i would check the paper work as it may only be a footpath access or bridle path, a chitchat to yr local land agent should clear it up

[Stubby]

Just to be clear is he proposing to extract timber from YOUR wood . In other words YOUR timber ??? Or is he just passing through on the ROW ?

[treequip]

Just to be clear is he proposing to extract timber from YOUR wood . In other words YOUR timber ??? Or is he just passing through on the ROW ?

 

and the only way of getting it from his property to wherever is by using the ROW.

 

 

 

.................

[Stubby]

Thanks Tree ! bit early