Can I fell and season a council tree?

Alex.walmsley86

The question is simple. I have an axe. There is a fallen tree. In woods near me.

It's dying in my non professional opinion. If I chopped it up to bring it home to Season what crime would I be committing? I assume the land is council owned but I am struggling to validate this.

Any help appreciated

GunJack

Dunno, but are you a Saints fan by any chance??

CakeCrusader

It may have a tree preservation order on it so this wouldn't be wise. Call the council and ask them, you'll be doing them a favour.

matelodave

The tree belongs to someone, so if you fell it you'll be causing criminal damage and if you take it away you'll be stealing. Even if it's on council land, the tree belongs to the council and you dont have a right to just walk in and take it.

You need to find out who owns it (presumably the landowner) and get their permission to fell it and take it away.

As already suggested it might have a tree preservation order on it and the penalties are pretty severe if you damage it - £20,000 per tree is the going rate

Alex.walmsley86

So ignorance isn't bliss

Neil_Jones

Alex.walmsley86 wrote: »

So ignorance isn't bliss

Ignorance is in reality no defence to anything.

https://en.wikipedia.org/wiki/Ignorantia_juris_non_excusat wrote:

The law imputes knowledge of all laws to all persons within the jurisdiction no matter how transiently. Even though it would be impossible, even for someone with substantial legal training, to be aware of every law in operation in every aspect of a state's activities, this is the price paid to ensure that willful blindness [ignorance] cannot become the basis of exculpation [evidence in favour of the defendant in a trial]. Thus, it is well settled that persons engaged in any undertakings outside what is common for a normal person will make themselves aware of the laws necessary to engage in that undertaking. If they do not, they cannot complain if they incur liability.

robber2

errr that would be theft, plain and simple. The tree does after all belong to someone.



Whether the owner or their represetitives would notice or care is of course a different matter.


Rob

[Deleted User]

Rotting trees provide lots of insects/funghi food too enrich a woodland. In my wood , which I live next to, is owned by the Council and they have strict rules/laws that both chopping down a tree or removing an illegally felled tree face extremely heavy fines..eg, maximum fine for felling a tree unlawfully is £10,000, so its a serious crime.

Norman_Castle

Alex.walmsley86 wrote: »

The question is simple. I have an axe. There is a fallen tree. In woods near me.

The answer is simple. Give your axe away, leave the trees alone.

macman

Your header says 'can I fell the tree'? Your text says 'the tree is fallen'. So which is it?
If your neighbour had a dead or dying tree in their garden, do you think you have the right to remove it? It's no different in this case, just because the council own it.