trail clearing

welshkev

ive got a question about clearing trails after tress have been blown down. i found a new trail the other day that could be a really good route but there's about 5 large trees been blown down over the trail. the trail leads nowhere really and looks like it used to be used by horses as there was a lot of hoof prints around.

my question is: if i was to go up there with a chainsaw and start to clear the trail would anyone mind? would i be doing anything wrong?

ol\'gregg

You mean other than being a crazy welshman in the hills wielding a chainsaw????

timpop

ol\'gregg wrote:

You mean other than being a crazy welshman in the hills wielding a chainsaw????

Ha ha.
Is it on someones land? Is the trail on a map? If it's on someones land it is worth asking the land owner (if possible) if he/she minds you clearing the trail for them. They might be quite grateful as will the horse riders. I can't imagine it'll be an issue as you'll be doing a community service.

1mancity2

Best to ask first. last thing you want is some irrate land owner going off on one!

peat

If it's common land for example, you'd need a licence to use a chainsaw.

But, to be honest, if it were me, i'd just get up there early one morning and crack-on. What's the worst that could happen? (other than horrific self-inflicted injuries from improper chainsaw use......)

rockmonkeysc

Build a kicker infront of the trees.

bomberesque

RockmonkeySC wrote:

Build a kicker infront of the trees.

^I've seen that done more than once in Canada

or a skinny
or a see saw

Northwind

Could be considered trespass, if it's private property. Could conceivably be considered aggravated tresspass or criminal damage, since you're cutting up the owner's trees

Me, I take the approach that I don't generally build trails without permission but I'll maintain or clear an existing one. But someone did call the cops on me one time for clearing nettles from a blocked public footpath with a brushhook! And I know the local jump builder guys had the cops called because someone thought they were digging a grave.

Though, I've got a humungous bow-saw that I use instead of a chainsaw, slower and much harder work but a bit less obvious.

cooldad

viewtopic.php?f=10002&t=12731015

bennett_346

Some general trail repairs shouldn't be a problem but i'd stop short of saying taking a chainsaw to some trees on private land was acceptable or advisable :P

I'm sure if you asked first they wouldn't mind since you're doing them a favour really.

rockmonkeysc

The land owner could have plans to use the trees. Building a kicker over them shouldn't get you in any trouble.
My latest trail involves deliberate use of fallen trees & a stump to create a hip :-) Can't beat using natural features to create a great trail.

ilovedirt

Northwind wrote:

Could be considered trespass, if it's private property. Could conceivably be considered aggravated tresspass or criminal damage, since you're cutting up the owner's trees

Me, I take the approach that I don't generally build trails without permission but I'll maintain or clear an existing one. But someone did call the cops on me one time for clearing nettles from a blocked public footpath with a brushhook! And I know the local jump builder guys had the cops called because someone thought they were digging a grave.

Though, I've got a humungous bow-saw that I use instead of a chainsaw, slower and much harder work but a bit less obvious.

This, I cleared an old trail around here recently, used a bow saw because it's cheaper and much less obvious. I doubt anyone even knew we were there.
I figure if a trail already exists, it's fine to clear/maintain it, particularly if it's on a relatively established trail network.

diy

The legal position is that you have no lawful authority to do it. Its unlikely to be criminal damage though if you held an honest belief that you would have been given permission to do it. The land owner definitely wont want you maintaining unmarked trails on his/her land.

At best its trespass but not aggravated, can't see how it could be aggravated. It would be a civil claim for damages, cost of the tree etc. If its forestry land you could probably apply for a licence.

apple eater

Where is this trail? msg me if you like.

I don't think you'll get any prosecution for cutting them up. Even if the land owner wants them, you're cutting it up not taking it away.

Clear it i say, if you do get challenged by the land owner a civil chat will sort things out, if not you're going to get booted off the land!

welshkev

i can't figure out how to post a map on here to show where it is, there's no houses/farms/buildings of any description around there and like i said it looks like a bridle way and obviously someone owns it.

cheers cooldad, i thought my question differed though as i don't want to actually build anything, just clear an existing trail.

no chance of building kickers over some of the trees, they're probably 12ft high in places with all the branches

bennett_346

welshkev wrote:

no chance of building kickers over some of the trees, they're probably 12ft high in places with all the branches

ladder drooooooop

DodgeT

Similar issue with some of my local stuff. There's lots of really steep chutes and drops through the trees. Just lately, someones started putting branches (big ones) half way down the runs to stop you. These were easily enough shifted. But now, someone has been felling, with a chainsaw, trees which happened to fall across every run.
Don't know who would have done it as its not run by anyone, certainly no forest type people who would be up there weilding a chainsaw - personally think its a disgruntled nob, sorry walker. Even though these things are so steep nobody would walk them.

Anyways, my mate was on about going up with a chainsaw too, but I reckon its a bit dodgy. Nice bowsaw in the rucksack is the preferred weapon

bennett_346

Shhh, he was just felling a tree for you to make a skinny out of

welshkev

yeah i may buy a bow saw then and start to clear some of the smaller ones and see what happens

diy

No land owner wants people establishing ROW on their land. Its hard to know if you are clearing a hazard that has fallen or been placed there by some idiot, or someone acting on proper authority.

welshkev

diy wrote:

No land owner wants people establishing ROW on their land. Its hard to know if you are clearing a hazard that has fallen or been placed there by some idiot, or someone acting on proper authority.

all the ones i could see had fallen, you could see where the roots had been riped from the ground, they wouldn't have been able to push or pull them like that as there simply isn't enough room to get a tractor or whatever up there. but i get what you mean, perhaps they haven't been moved as the land owner wants to keep people from using it :?

Grubbythumb

Your Local Authority will have a Rights of Way Officer. Give them a ring, or drop them an e-mail. They will be able to tell you what kind of path is is (footpath, Bridleway etc) and will also most likely know who the land owner is.

I ride horses and MTB's and belong to a bridleway group that raise funds specifically to improve the quality of selected bridleways. We liaise with the local council and landowners and sometimes spend thousands of pounds clearing paths and improving drainage and conditions underfoot. Similar groups can be found all over the UK, doing the same sort of work.

cameroncjgc

welshkev wrote:

ive got a question about clearing trails after tress have been blown down. i found a new trail the other day that could be a really good route but there's about 5 large trees been blown down over the trail. the trail leads nowhere really and looks like it used to be used by horses as there was a lot of hoof prints around.

my question is: if i was to go up there with a chainsaw and start to clear the trail would anyone mind? would i be doing anything wrong?

I often build trails beside footpaths, i am seen carrying spades and saws and often a wheelbarrow through the farmers fields. Nobody seems to mind. But i am 15 so that may be a reason why.... If you are on a footpath you can just tell people you are helping clear it, they would not mind.

paul.skibum

cameroncjgc wrote:

welshkev wrote:

ive got a question about clearing trails after tress have been blown down. i found a new trail the other day that could be a really good route but there's about 5 large trees been blown down over the trail. the trail leads nowhere really and looks like it used to be used by horses as there was a lot of hoof prints around.

my question is: if i was to go up there with a chainsaw and start to clear the trail would anyone mind? would i be doing anything wrong?

I often build trails beside footpaths, i am seen carrying spades and saws and often a wheelbarrow through the farmers fields. Nobody seems to mind. But i am 15 so that may be a reason why.... If you are on a footpath you can just tell people you are helping clear it, they would not mind.

[/quote]

This is fine until you are arrested for trespass.

Technically if you are on someone elses land, off an accepted right of way you are tresspassing. If you go hacking down trees and building trails you could also be charged with criminal damage I would imagine.

Depending on where you live and the type of fields/ground you are working on I would be careful with that kind of behaviour.

diy

paul.skibum wrote:

This is fine until you are arrested for trespass.

Trespass is a civil tort not a criminal offence.

cooldad

diy wrote:

paul.skibum wrote:

This is fine until you are shot for trespass.

Trespass is a civil tort not a criminal offence.

That's better.