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Would seem very bizarre owning trees on land that was no longer yours to rent. Doesn't make any sense to me.

 

I hope you're right Woodguy. Its an interesting one. I'm not srure what the motivation would be to plant those trees in the first place. Whether the farmer would recieve a grant for the work or whether he'd be hoping for a harvest in due course I'm not sure. Kind of interetsing to know what would happen should you want your land back - maybe the trees could be felled before you got the land returned in a worst case scenario?

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Dont know anything about the legalities, but presume that if someone rents farmland and plants a crop, does the crop not belong to the person renting rather than the owner of the land.

Trees are just a long term crop - no???

 

I would guess the terms of the long term rental agreement might also have a bearing on who owns what.

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Dont know anything about the legalities, but presume that if someone rents farmland and plants a crop, does the crop not belong to the person renting rather than the owner of the land.

Trees are just a long term crop - no???

 

I would guess the terms of the long term rental agreement might also have a bearing on who owns what.

 

That would be my assumption too Teepeeat but others on the forum reckon not. I hope they're right and you and I are wrong :biggrin:

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Great thread.

 

Might be worth double checking the ID on the Leylandii. Depending on your grandfather's motivation for planting, they may be a more useful species. Lawson Cypress looks similar but is a great, durable timber. If they of a reasonable size, could be worth getting in someone with a mill to turn it into building wood. Good for wainy edged boards etc. Saying that, milled Leylandii could also be useful.

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So when I resume use of land with a crop on it, the leaser has an opportunity to harvest that crop. So they could cut the trees down, dig them up or whatever. Once it is back in my control, they have lost their rights entirely ie they are my trees. How else could you manage it? Right to come back and harvest "their" oak trees in 120 years???

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Trees planted on leased land can be owned by the land owner, tenant or an agent depending on the specifics of the tenancy agreement. If there is no tenancy agreement for tree planting then I would imagine ownership rests with the land owner as the tenant is in violation of the original agreement which doesn't allow for tree planting? I don't think you can refer to trees as just another crop as surely you would be changing the land use (unless SRC/SRF maybe)? Again I'm no expert.

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Not quite true - see my current Avatar (and Graham's). There are the odd few survivors, some of which are interesting.

 

If the elm is around 18" diameter, with a clear length of around 6' or more, I would be inclined to fell it, see if it's sound, and if so consider milling it as it's an attractive timber.

 

Alec

Aye, there are a few, always very exciting when you stumble across one.

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