Fallen tree in water

[Mirror Painter]

Because it's forecast to be -7 this Friday I may not stay on my non heated boat . That means I can't ask my expert boat neighbours, (who also know the landowner where I moor), a question. It is:

A substantial tree has split in half with one side falling in to the water and is now obstructing a third of the river. If it were not moved by summer it would become an obstacle for larger boats. What happens next? Do people from the EA remove it, (doubt that)? Is it somebody's responsibility to move it? Perhaps the land owner?

What if I, ahem, 'someone', were to shin across the branches and saw some off for wood turning / firewood? That last bit is a selfish question and would not remove the obstacle form the river - just provide 'one' with a bit of wood.

Thoughts please - thank you!

 

[vandy]

Depends where the tree was before it fell in the water!

My house is next to a canal and my back garden is basically facing the canal. There are trees in my garden and in the water next to our land.

every now and again, I see a branch in the water and in theory it is responsibility of the EA to remove it ONLY if the tree was NOT on the landside.

That's because even the riverside/canalside houses have to pay for the mooring so they don't technically OWN the space on the water.

But mostly these branches etc. are washed away or a someone may attempt removing it by pulling it with a rope or something!

But in Tidal thames, you see trees, everywhere and unless they are blocking the passage, they are left to move up and down the river with the tide!!!

 

[boatone]

A substantial tree has split in half with one side falling in to the water and is now obstructing a third of the river. If it were not moved by summer it would become an obstacle for larger boats. What happens next? Do people from the EA remove it, (doubt that)? Is it somebody's responsibility to move it? Perhaps the land owner?

The EA undertake , and are required, to maintain the navigation and define this as "generally the middle third of the river".

The first step is to make sure that the EA are actually aware of the problem. You can do this directly by contacting Reading or, if you prefer, the TMBA have a reporting form on their website HERE. (Incidentally, the EA are quite happy with this TMBA initiative.)

The EA will decide whether it is something that needs them to take action which may include approaching the land owner. If it is a hazard and the landowner does not take action I believe the EA can do so themselves and pursue the matter with the landowner with regard to costs etc.

 

[Dave_Seager]

On an EA "main river" riparian landowners are responsible for removing any of their trees that fall into the river. However, due to the difficulty of forcing the landowner to deal with fallen trees the EA often attend to them. They may subsequently try to recover the cost from the landowner but where we live, on the River Wey, they do not seem to bother. I have occasionally notified them of fallen trees and they usually come and sort them out. I sometimes takes a while as they may wait until the right equipment is in the area or the current may be too strong during the winter. On our stretch of the Wey they are mainly concerned with the flood risk rather than keeping it navigable.

 

[Pump-Out]

Who's timber is it anyway?

are However, due to the difficulty of forcing the landowner to deal with fallen trees the EA often attend to them. They may subsequently try to recover the cost from the landowner but where we live, on the River Wey, they do not seem to bother. I have occasionally notified them of fallen trees and they usually come and sort them out.

Um, might that be because the Wey is managed by the National Trust, not the EA?

Either way, to return to the original post...

I think, legally, its not your timber to take. It belongs to whomever owns the land in which the roots are/were. The EA will doubtless take some time to get to it, by which time something will be nesting in the fallen tree. Then they will refuse to move the "habitat".

Here is a rhetorical question.......
If there is an obstruction over the waterway - does the "centre third" move accordingly?

Pump-Out

 

[Dave_Seager]

The part of the Wey that I refer to is not owned by the National Trust as the navigation and the river run separately here. It is definitely managed by the Environment Agency and is defined by them as a "main river". Also, we need their permission for any works on or near to the riverbank.

 

[sarabande]

on land if a tree overhangs an adjacent property, the owner of that property can trim the branches directly overhanging, but must return the pieces to the owner of the tree.

In this case, who owns the river over which the tree is leaning ? Does a different law apply to riparian trees ?




Why not approach the tree owner and offer to clear it up for him ?

 

[oldgit]

Couple of seasons ago while returning back downstream after a very windy weekend indeed discovered the river blocked by a fairly large tree right across the river,needed to get to the lock in order to catch tide.
Fortunately tree was still partially embedded in far bank,so by getting a rope round tree and a a series of dragging movements managed move obstruction,so it was blocking only half the navigation.
Managed to creep between the top end of tree and bank using a bit of throttle as branches were mostly very thin and hoping that props did not encounter anything thick/rocky .
Mentioned it as we went through lock,it was gone the following week.
Have always found the EA pretty fast regards this sort of problem.

 

[boatone]

Here is a rhetorical question.......
If there is an obstruction over the waterway - does the "centre third" move accordingly?

Not really - The Customer Charter actually says:

3.6 We will maintain a fairway, normally at least the middle third of the river, between each lock. Please refer to the table opposite for dimensions of boats that can navigate safely.

The table gives boat dimensions - length and beam are largely dictated by lock dimensions, but draught relates to the maintained water depth in the channel so should not be affected by a tree falling down - its whether the tree is an obstruction.