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arran jones



Member Since: 21 Nov 2016
Location: south west
Posts: 726

United Kingdom 
Talking of trees.
Prob a really obvious question Rolling with laughter Bow down
On a lovely good fun greenlane 5 minutes from our house...i love doin it all the time..cus its challanging aswell..
Last time i went there where 2 fallen trees blocking the lane probebly from the recent weather
MY QUESTION;
Am i allowed to cut them back or move them to drive the lane as its a public right of way?

Thanks
AJ
Post #709387 27th May 2018 6:12am
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Zed



Member Since: 07 Oct 2017
Location: In the woods
Posts: 3282

United Kingdom 2010 Defender 110 Puma 2.4 XS CSW Santorini Black
Before even considering whether you can safely clear the trees you need to find out:
Who owns the trees?
Who owns the land the trees fell on?
Post #709391 27th May 2018 7:24am
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JOW240725



Member Since: 04 May 2015
Location: Suffolk
Posts: 7905

United Kingdom 2012 Defender 110 Puma 2.2 XS CSW Orkney Grey
First trip out in the new RTT.


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 James
MY2012 110 2.2TDCi XS SW Orkney Grey - http://www.defender2.net/forum/topic43410.html
MY1990 110 200TDi SW beautifully faded Portofino Red - https://www.defender2.net/forum/post743641.html#743641
MY1984 90 V8 Slate Grey - https://www.defender2.net/forum/post744557.html#744557
Instagram @suffolk_rovers
Post #709398 27th May 2018 7:59am
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custom90



Member Since: 21 Jan 2010
Location: South West, England.
Posts: 20347

United Kingdom 
arran jones wrote:
Talking of trees.
Prob a really obvious question Rolling with laughter Bow down
On a lovely good fun greenlane 5 minutes from our house...i love doin it all the time..cus its challanging aswell..
Last time i went there where 2 fallen trees blocking the lane probebly from the recent weather
MY QUESTION;
Am i allowed to cut them back or move them to drive the lane as its a public right of way?

Thanks
AJ

To the best of my knowledge and according to GLASS advice I've seen, yes you can, but you must leave the wood where you cut it.
You are entitled to legal access if the lane is blocked, no different to the public road.

Also, as suggested be exltremely careful! In such situations it's pretty precarious timber in some cases.
It maybe a bit better to drag it away just a touch so it is not leaning on anything.
But if it's off of the lane in any way or entangled in fences in the vicinity then you'll need to find out further info as to the Land owner and what they say.
You might find that they'll say they are removing it very soon themselves, especially if you mention it really shouldn't be blocking the lane as it has vehicular rights I.e. a BOAT. $W33T $0U7H3RN $UG4R
🇬🇧🏴󠁧󠁢󠁥󠁮󠁧󠁿🏴󠁧󠁢󠁷󠁬󠁳󠁿🏴󠁧󠁢󠁳󠁣󠁴󠁿🇮🇪🇺🇸⛽️🛢️⚙️🧰💪


Last edited by custom90 on 27th May 2018 2:33pm. Edited 1 time in total
Post #709417 27th May 2018 11:27am
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GREENI



Member Since: 22 Aug 2010
Location: staffs
Posts: 10381

United Kingdom 
Tent setup looks awesome James.
Post #709424 27th May 2018 12:47pm
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seriesonenut



Member Since: 19 Nov 2014
Location: Essex
Posts: 1211

United Kingdom 
Excellent platform for the tent Whistle 2010 XS USW
1957 Series One 88 diesel
1958 Series One 88 4x2
Post #709429 27th May 2018 1:11pm
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GREENI



Member Since: 22 Aug 2010
Location: staffs
Posts: 10381

United Kingdom 
.agreed Laughing
Post #709430 27th May 2018 1:17pm
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arran jones



Member Since: 21 Nov 2016
Location: south west
Posts: 726

United Kingdom 
Ok thanks very much
I know the farmer pretty well so mighg have a word with him Thumbs Up
Post #709442 27th May 2018 3:06pm
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excossack



Member Since: 22 Feb 2012
Location: North West
Posts: 5843

United Kingdom 1999 Defender 110 Td5 SW Caledonian Blue
With the help of Mrs E, we re-trimmed the front seats of the 110 with new Denim Twill covers, new foams and also installed the heated seat elements.
First seat took a few hours, 2nd seat done in 1.5hrs.

I can see why now I had a metal bar poking me in the side. The foam had split on the back rest.

New ones feel a lot lot better. A good long drive will be the test.

Yesterday, I replaced the thermostat and fresh coolant. 1999 Defender TD5 110

Regards
John M0VAZ
Econet Station 48 no clock
Post #709455 27th May 2018 5:53pm
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blackwolf



Member Since: 03 Nov 2009
Location: South West England
Posts: 17372

United Kingdom 2007 Defender 110 Puma 2.4 DCPU Stornoway Grey
arran jones wrote:
Talking of trees.
Prob a really obvious question Rolling with laughter Bow down
On a lovely good fun greenlane 5 minutes from our house...i love doin it all the time..cus its challanging aswell..
Last time i went there where 2 fallen trees blocking the lane probebly from the recent weather
MY QUESTION;
Am i allowed to cut them back or move them to drive the lane as its a public right of way?

Thanks
AJ


As Steve has said, you have a legal right to clear an obstruction sufficient only to pass but you must not remove any "arisings" (ie cut timber). You would be liable for any consequential damages you may cause, however, so diligence is needed.

A curiosity of RoW law is that although you have the right to "pass and repass" along a RoW you have no right in law to set out with the intent to clear an obstruction. In effect this means that if you know a route is blocked and therefore take a chainsaw you are technically committing an offence, however if you routinely carry a chainsaw and happen across a fallen tree you are not.

It is unlikely you'd be prosecuted for this but if the landowner was obnoxious there is scope for trouble.
Post #709471 27th May 2018 8:18pm
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arran jones



Member Since: 21 Nov 2016
Location: south west
Posts: 726

United Kingdom 
Ok great help

I do alot of forestry work for business etc so to be honest i do carry equipment around the whole time incase i get called out for a emergency tree clearance Thumbs Up
Post #709484 27th May 2018 9:46pm
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Procta



Member Since: 03 Dec 2016
Location: Sunderland
Posts: 5164

United Kingdom 
worked on the Peugeot 306 today Smile see my thread on that if you are interested. Thumbs Up Defender TD5 90 ---/--- Peugeot 306 HDI hatch back

Success is 90% Inspiration and 4 minutes Preparation # you can make it!
Post #709495 28th May 2018 12:02am
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Zed



Member Since: 07 Oct 2017
Location: In the woods
Posts: 3282

United Kingdom 2010 Defender 110 Puma 2.4 XS CSW Santorini Black
arran jones wrote:
Ok great help

I do alot of forestry work for business etc so to be honest i do carry equipment around the whole time incase i get called out for a emergency tree clearance Thumbs Up


If you do professional tree work then you should really know this stuff, including legalities. However putting that aside and seeing as you know the owner/believe he won't object.. If you do decide to clear the trees then just use common sense. Make sure you do a thorough job and most importantly leave the site in a completely safe state. Neat pile of brash, correctly stacked timber etc all a safe distance away from the lane. Too many times I've seen the results of well meaning people 'clearing their right of way' only to leave the site far more dangerous than when it was originally blocked. Sometimes perilously so. Often causing unnecessary damage to the surrounding area and no doubt putting themselves and others in danger in the process. 4x4 owners are often the worst culprits.
Post #709512 28th May 2018 7:45am
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Doc P



Member Since: 03 Apr 2016
Location: Midlands
Posts: 565

United Kingdom 2013 Defender 110 Puma 2.2 XS CSW Firenze Red
Not today, but midweek we stayed a couple of nights near Ludlow (Mortimer Forest) and it was absolutely beautiful. We’ be back!!

Click image to enlarge
Post #709577 28th May 2018 3:09pm
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arran jones



Member Since: 21 Nov 2016
Location: south west
Posts: 726

United Kingdom 
Yeps ok thanks for your help Zed Thumbs Up
Post #709598 28th May 2018 4:38pm
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