Question on who can fell our trees

Quick question, we will go to the Marie tomorrow to ask and will be speaking to whoever has done the deed…but we have had around 7 trees completely felled that are on our land but on the banks of a small river. The wood is now logged up and on a neighbouring field. We live here full time, some of the land is rented to a local farmer BUT the renatl agreement specifically excludes any tree felling, so our tennant had no right to approve any felling. Dooes anyone know the law pertaining to this? We recently felled trees that bordered the road because they were overhanging, we are steaming with anger that someone has come onto our land and cut these oaks down without so much as even saying anything to us. We thought we got on OK with our tennant and neighbouring farmers…but obviously not, depending on what the marie says we will porte plainte if needed…but any advice much appreciated. We have photos, justbin case someone tries removing the wood, we estimate there are at least 10 stere there…

In the 1950s the boundary was different - good grief! Well the modern state of Israel has only been in existence since 1948 so I suppose if we work on that premise...

What rotters.

Parieiens accussing us of ruining their Christmas citing that in the 1950s the boundary was different, and they cancelled the delivery of the wood, two trunks have blocked the river up casuing a flood risk…they are being positively nasty to us, so to the notaire we will go and we will tell him we would rather settle amicably but we will not be tken advantage of

" so fight for what is right as long as it doesn't make you ill or stony broke" & therein lies the problem. Only the "wronged" can make that decision. I've been around long enough & fought enough dragons to realise that the bastards of this world will usually get away with it, don't give a sh*t, always sleep well & will drag one down to their own level if one allows them to get to you.

a lot of common sense there Vic but sometimes you need to fight for some justice when you've been 'wronged', I would fight my corner, not because of the principle but because people shouldn't get away with this kind of thing - I would be livid and I would expect retribution of some kind

If you take no action then you will be considered a 'pushover' in my opinion so fight for what is right as long as it doesn't make you ill or stony broke...

If you want the opinion of a half drunk boules winner (see French Wildlife if you don't get that bit) Leave it be. It will be like playing noughts & crosses with a computer, the best you can hope for is an expensive draw. You may well win but at what cost? Years down the line you will be asking yourself "What the hell was that all about?" You are obviously dealing with an a'hole who will be happy to stay in Gay Paris whilst you work yourself up over a few trees. Yeah I would be bloody furious like you but having been in a similar situation I can assure you that it ain't worth the aggravation & the sleepless nights. If I were you I would tell him he's an a'hole but I just can't be arsed to waste a minute of my time on him. Take the wood, plant a few replacement trees, let people know you're not a pushover & sit back knowing a moral victory was won. I bet people in your sector will think twice before they mess with you in the future ;-))

So they want to be difficult, having shave told us a cock and bull story about why the guys who felled the tree didn’t come, have accused us of ruining their Christmas, monday to the notaire, back to the marie and the gendarmes as advised to porte plainte, and a tribunel as needed

In the words of Armstrong & Miller - KILL THEM... Really don't need it do you Liz, at whatever time of year

The guys that chopped the trees down said they would be here today to finish logging up and deliver onto our land, they haven’t turned up, the parisien has been called, they have until the end of the weekend to sort it or we port plainte, involve our notaire and take them both to a tribunel.

Thanks for the offer, but we are in 79… And the fellers are going to cut up and deliver tomorrow

Liz,

none in the countryside likes Parisians ( my neighbour told me they prefer the English !! - it was ment as a compliment -!! - I think ) . As they are considered a "foreigner " I would go for the jugular with the Marie and Gendarmes and go for maximum compensation you can get - after all you wont be upsetting a " local " and frankly the Parisians are so thick skinned , that the only way to hurt them is in the pocket !!

Parisien. If the Parisien acquired the land recently the Parisien would have SEEN and no doubt been given a copy of the cadastral plan (we got one when we bought our place and the boundaries are clearly defined).

One doesn't normally check with an elderly neighbour where boundaries are - if one doesn't have a copy of the cadastral plan one checks with the Mairie.

The Parisien is, in my opinion, trying it on. I'm starting to get piddled off on your behalf Liz!

Now I am seriously p***ed as we had a message left by the Parisien and oart time neighbour, they response was 1/ an elderly neighbour told them where he thought the boundary between our land was, 2/ we didn’t stop the trees being cut down so there was a throw away sorry but essentially they are saying not our fault…if they had checked the cadastral plan, the boundary is clear and we were out at the weekend. We are willing to let things lie with the guys who cut the tree down but if the Parisien wants to take that tack, he will be hearing from our notaire…an incredibly arrogant response

Glad you had a good result with the Marie and I agree with you that getting the wood delivered could be the end of the matter , although I would also ask for the re-planting of new Oaks to replace the old ones , ideally about 5 years old !!

They must deliver the logs to you as part of the settlement . I dont know where you live , but I have a2.5ton tipping trailer , if all else fails. I live near Sauvettere de Bearn in dept 64

just make sure the tree fellers cousin leaves his chopper at home....

The mayor seemed very relieved that it was a “foreigner” that has caused the trouble, but she has a lit a fire and the tree feller’s cousin, is coming round later to sort things out…just love it here, not the guy who chopped the things down but his cousin. Still if they return what has been taken, log everything else up and deliver it to us we will probably leave it there in the interests of good relations…but it is all noted for future reference

Good old the Mayor and your tenant!

Parisens eh?! :)

OK,we confirmed our tennant farmer didn’t give permission to fell any trees. The marie has confirmed the the owner of the field where the what remains of the wood is now lying in, a parisien not local, had asked another person to cut some trees and quelle dommage a mistake has been made…our notaire has been informed, the mayor is calling both guilty parties for us and we will also be going to the gendarmes to porte plainte and our tennant is taking it to a tribunel. We think that at least 50% of the wood has already been taken…which the mayor is demanding is returned plus the two huge trunks now left blocking the river are removed, logged up and delivered to us.

Our tennant will help us move the wood at the weekend, but I work FT and without a trailor, it is quite a way to try and wheel barrow what remains. Needless to say we are furious and will be taking this further

I would ask the advice of your notaire who will guide you or go straight to an avocat who will preferably have experience in that kind of thing or, if it is agricultural land then I would try the Chambre d'Agriculture and more specifically the SAFER

you need legal advice and I wouldn't bother with the Marie who quite often will have divided loyalties , especially in the more rural areas

I believe the local Mairie can be responsible for keeping river banks clear, certainly true around us. Might be that, and might have put the wood on the other field as a favour. Be diplomatic in the Marie, anyrate.