Fallen wood ownership

[felixthelogchopper]

Name it. I have lexis and westlaw logins so can get reports for our general edification.

 

Get you. BAILII not good enough for you?

[AHPP]

Loads of stuff isn't on BAILII, especially older stuff.

[tree79]

Hi

 

The tree trunk/branch/apple whatever belongs to the owner of the land the tree it comes from is growing on. This remains the case even after it has become disconnected, by whatever means, from the tree e.g. windblown trunk/branches/fruit and lands on a neighbouring property.

 

The owner can go and get their tree trunk/branch/apple at their convenience and you can't stop them. They don't need the consent of the land owner where it has ended up. Of course they should only do what is necessary to retrieve their property and not cause damage.

 

There is no time limit after which the wood becomes the property of the owner of the land it has fallen on to.

 

You could exercise your right to remove the fallen tree/branch/apple as you would an overhanging branch i.e. offer it back and if they decline the offer remove it to the log pile, apple store.

 

Damage caused by the original incident would revolve around negligence/foreseeability.

 

Ed

 

 

sorry might of misread the above,

but as far as I understand the owner of the wood/apples etc cant be refused access to the retrieve the wood BUT he/she must arrange a suitable time/date with you first and if they caused any damage in retrieving the wood the have repair/make good.

 

Also if you was to mill/plank the wood for sale or chop it in to logs and sell them this theft by conversion

 

Also with out knowing what caused the tree/branch to fail it would be hard to assume that this would be considered negligence/foreseeability.

 

 

As already stated in previous posts just have a chat with the farmer

[Mark Bolam]

Can you not just say to the said matey you would like to mill some of said tree offer him a plank for a shelf and just get on ask him to come and have a go milling maybe he could bring a tractor to help move stuff , I find if you just talk to people most of the time it ends up ok good luck with it

Cheers Mark

 

 

Less of the common sense please Mark, any more of that and you'll stop the arguing.

I have informed the moderators of your disgraceful behaviour.