clearing the way

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hollie

New Member
Posts
33
Location
ledbury herefordshire
i've found a short b.o.a.t near my house but there is a tree fell across the last bit of the path, can i cut the tree off and clear the route???? or do i have to report it and wait for the council to clear the route????
( if you can't tell i'm new to this!!!) advice needed
 
i've found a short b.o.a.t near my house but there is a tree fell across the last bit of the path, can i cut the tree off and clear the route???? or do i have to report it and wait for the council to clear the route????
( if you can't tell i'm new to this!!!) advice needed


Hmm, you probably would need to contact the council, since, legally, the highways act applies; there'll probably be info on the Green Lane Association Ltd. - Home website :)
 
Whatever you do do not remove the wood, that is theft. Any wood you cut must be left for the Land Owner.
 
all greenlanes should be 3meters wide and you can clear the route to allow your right of way.
Really, has the law changed then? I thought they were whatever width the statement accompanying the Definitive Map said they were.
In any case I am sure you can only legally clear enough to allow you to pass along the lane.
I addition you are only meant to use any tools/equipment you have with you, you are not meant to go out with the intention of clearing a lane. This means unless you a tree surgeon on the way to work, using a chainsaw could be of questionable legality.
This is why any Lane Clearence Days must be approved by the County Council.
 
they regularly say"dont damage trees or hedgerows except for cutting back overhanging branches that could damage your vehicle.your perfectly within your rights to do this , as lanes should be kept to a minimum of three meters"Thats from their greenlane guide but they also print this in the mag monthly.Wouldnt be surprised if its completely wrong tho.
 
My information is a bit old, pre CROW act, so I am prepared to be corrected by anyone with later knowledge, but I'll stick to my guns against LRO.
 
Just found on another site.....

"As you grow in experience and confidence with your green laning you may wish to tackle lanes which have obstructions. Having performed some research and read the Definitive Statement you will be in a position to know which are legal obstructions and which have been placed across the road illegally. The most common obstructions are barbed wire fences, these may be able to be cut and coiled up at the side of the lane. Note that if you replace an obstruction after you have passed by, you may be guilty of obstructing the highway yourself. Of course, you do not want to allow cattle to escape, so it is sensible to close even an illegal gate, but then report it to the Council. You may wish to note that obstructing the Queen’s Highway is an offence that carries the maximum sentence of life imprisonment! Occasionally an obstruction such as a gate may be found across the road. If this is properly recorded as a limitation on the Definitive Statement then you are allowed to do no more than open it. If however, it is not recorded or it is locked then you may be allowed to abate the nuisance. This means that you may clear the obstruction yourself. Points to watch here are that you must not take any items away, nor do any more damage than is necessary. This abatement must be carried out only by using items that would normally be found in your vehicle, e.g using a high lift to open a gate may be okay, but using Stihl saw or Oxy-Acetylene cutters would not (unless may be, you were a builder on your way to work). If there is an alternative route, it would be wise to take it and then give the Highways Authority the chance to clear the obstruction. You must report the obstruction to them and give them time to carry out the work. You may also be allowed to deviate from the route of the lane, in order to get around an illegal obstruction."

and

"The law relating to obstructions is awfully complex. Strictly speaking, a gate is an obstruction but unless it is locked we usually take no action. Fallen trees may be cut and moved out of the way but, as they are the property of the landowner, they must be left at the side of the road. The law allows you to move only the amount of the obstruction that enables you to continue. You may not set out especially to clear a known obstruction, but if by chance you have suitable tools with you then you may use them. If the road is blocked, you may be able to drive around the obstruction but in so doing, you may need to leave the proper route. It is generally accepted that you may deviate only onto land owned by the person responsible for the blockage. Be particularly careful not to do any damage away from the track if you try this. Generally, I would recommend that you turn back. Report any major obstructions (accidental or deliberate) to your club Rights of Way Officer or to the relevant council. Deep ruts or mud or water, that render the road impassable, do not necessarily constitute an obstruction; so you do not have the right to drive round such 'obstacles'."
 
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