I wonder if anyone can confirm that collecting fallen, dead wood from Common Land, is entirely lawful in UK ?

Question

I wonder if anyone can confirm that collecting fallen, dead wood from Common Land, is entirely lawful in UK ?

Answer 1

My understanding is that this is NOT legal. I think the term Common Land is misunderstood today, well since enclosure.

I consider that this is a misconception. This comes from the fact that tenants who raised cottages around a 'common' were allowed rights of Estover (collecting dead wood or an allotted amount of small trees for furniture and fuel) and Turbary (peat for fuel) etc. This was later done by allowance or permit only, and only ever applied, to my knowledge to those people who lived around the 'Common' not to all Commoners.

Most woodlands today, in the UK, even if they are accessible by the public are owned by somebody even it it is 'believed' to be common land. Again without written permission from the owner it is not legal to collect wood.

There is some land which is registered as common land (CL 4) under the Commons Registration Act 1965. Which gives rights of common of grazing, estovers, to cut and take peat and to turn out pigs to eat acorns. However, the people who have these rights are registered in respect of that particular piece of land (to the best of my knowledge).

In my nearest town there is the Beverley Westwood  which sections are Registered Common Land where farmers can summer graze their cattle, but purchasing a lease (with caveats such as being a born in the town). So even though this is considered common land there are no rights to Estover, that I am aware of and the rights to grazing are limited by payment and other eligibility criteria, such as being born within the boundaries of the town.

NO, my understanding is that it is not legal to collect fallen wood. I have vague recollections that the 1925 Property Act is relevant in Law about Estover, but check that out yourself. Similarly check the ownership of the places you wish to collect wood from and contact the owners for written permission.

http://216.239.59.104/search?q=cache:hWQ...

http://encyclopedia.jrank.org/EMS_EUD/ES...

http://en.wikipedia.org/wiki/Common_land

Answer 2

I'd almost bet you have to have a permit, we do here if its on Fed or State land. least if you get caught you need a permit.

Answer 3

IF YOU are collecting dead & old branches and the like, for your use on a fire then that is ok,

Answer 4

I think Permaculture Bella is right.

Common land is generally owned by someone and they may well be happy for you to collect dead wood but it would be best to ask if you want to avoid trouble.

If you gain permission please be careful of the environment when collecting.  It would be best not to collect from areas that are undisturbed because fallen wood plays an important part in the biodiversity of such areas.  Fungi and insects depend upon such resources.  And if you see piles of dead wood they have probably been left there for wildlife purposes.

The management of woodland for economic and wildlife purposes is a skilled job.

Best wishes