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cutting trees in byways?

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tatters
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Joined: 04 Jan 2004
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PostPosted: 13:56 - 14 Mar 2012    Post subject: Reply with quote

We,ve come across trees and log which have been moved across lanes as a delibrate atemp to block the lane as well as others that have just come down due to wind, never seen it to be a problem with clearing a lane after having to use one of our lots leatherman in the past l carry a hand held wire/chainsaw that fits in my tail bag for large stuff.
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doggone
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Joined: 20 May 2004
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PostPosted: 14:00 - 14 Mar 2012    Post subject: Reply with quote

Should be OK, the wood probably belongs to adjacent landowner so should not be removed but set to the side (unlikely with a bike but other vehicles might be out for free logs!)
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yen_powell
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Joined: 22 Jun 2008
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PostPosted: 17:18 - 14 Mar 2012    Post subject: Reply with quote

You're allowed to remove just enough to pass safely. It's called something like abatement I think.

There ya go

Abate, Abatement The practical action necessary to remove a nuisance that affects you personally. In terms of Rights of Way this Nuisance is usually an obstruction and abating it therefore means removing sufficient of the obstruction to allow your passage. When a user removes an obstruction he is abating it; where the obstruction is unlawful abatement is not an offence. The obstruction should not be replaced after abatement, as obstruction is an offence. If abatement is impossible for any reason deviation is allowable.
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Fizzer Thou
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Joined: 06 Aug 2011
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PostPosted: 23:33 - 14 Mar 2012    Post subject: Reply with quote

I am agreed with Yen's statement.The 'Blue Book' states that you are allowed to remove just so much as to allow further navigation but not anything beyond the boundary.The fact that BOATs are 'supposed' to be a minimum of three metres is often overlooked by many county councils.
Some BOATs in the Dover/Folkestone area area difficult on two wheels let alone four.
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