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Tom D
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Wheredo I stand if I come across a fallen ash in the road, and I start to cut it up and clear it for the timber. Can the tree owner ask for it back, and can the police tell me not to do it as I am not on the approved list?

 

I have always been led to belive that Rights-of-Way laws allow a member of the public to clear a right of way enouigh to be able to pass an obstruction, but not to remove any of the arisings. It is also an offence to go equipped specifically to clear a right of way without permission (the principle is that you can use what you normally have with you on the journey to clear an obstruction, but you can't carry tools specifically to clear an obstruction and which have no other purpose, nor can you set out with the intention of clearing an obstruction you know to be present).

 

On that basis, anyone can clear a fallen tree from a road to allow them to pass, but not remove the timber - removing the timber would technically be theft (unless you could convince a court if needed that you only took it to keep it safe until you could return it to its rightful owner, which might be difficult)!

 

An arborist should be better place to clear a passage since there is an obvious legitimate reason for having the tools with you without the going equipped problem - they're the tools of your trade.

 

You won't get paid, of course, and there is also the question of insurance. As a pro arborist your indemnity insurance may cover you but it would be sensible to check. An ordinary member of the public almost certainly will not have any form of public liability insurance etc for such activities, and although there is no legal requirement for them to be insured it could potentially be disastrously expensive if it went wrong.

 

I suspect that the law was really intended for the situation in which you can drag the out branch out of the way, rather than cut up a fallen tree.

 

Note also that the right to clear an obstruction does not extend to a right to move a motor vehicle which is obstructing the highway - it only covers "natural" obstructions.

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So I am a farmer and a large ash tree had fallen across the road into the village. It was my tree and I set off with the forklift, chainsaw and tools to clear it. The police turned up half way through my operation followed by a gang of professional tree surgeons. Obviously someone in the village had telephoned for help.

I was expecting a lecture even though I was properly attired working on my own, but they did not even come up to speak to me and just turned round and I never saw them again.

 

I am properly insured.

 

To be strictly within the law should I have made enquiries first and gained permission or was I within my rights?

Edited by Billhook
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Any advice? One side of the split is completely detached from the ground as can be seen in the last picture and the tree is hung up and under tension.(like me!)

 

January 2014 Storm | Flickr - Photo Sharing!

 

January 2014 Storm | Flickr - Photo Sharing!

 

January 2014 Storm | Flickr - Photo Sharing!

 

January 2014 Storm | Flickr - Photo Sharing!

 

January 2014 Storm | Flickr - Photo Sharing!

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So I am a farmer and a large ash tree had fallen across the road into the village. It was my tree and I set off with the forklift, chainsaw and tools to clear it. The police turned up half way through my operation followed by a gang of professional tree surgeons. Obviously someone in the village had telephoned for help.

I was expecting a lecture even though I was properly attired working on my own, but they did not even come up to speak to me and just turned round and I never saw them again.

 

I am properly insured.

 

To be strictly within the law should I have made enquiries first and gained permission or was I within my rights?

 

As far as I know you were entirely legal and as it was your tree doing the right (and public-spirited) thing.

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