where do i stand legally?

[savagebulldog20 0]

thought this would be the best section to ask this, if not then i appologise.

 

my garden backs onto acre after acre of fields (which i dont have permission to shoot ). on the edge of the field directly behind my garden, and hanging over my garden, is a bloody great tree surrounded by bramble. obviously all manner of birds sit in it and go about their lives like birds do, including crapping all over my washing when its on the line, all over the kids wendy house and other toys and pretty much anything else left in the garden.

 

ive asked the farmer to trim it and he seems to think its the councils problem as im a council tenant. ive asked the council to sort it and being the bunch of idle, work shy knobs that they are they wont and have passed the problem back to the farmer. i dont want to start taking chunks off of it as i dont know what im doing and dont want to damage the tree badly by accident.

 

so the other option is all out war on the birds with the air rifle, but where do i stand with shooting in my garden and more importantly missing the target (shouldnt happen but you never know) and the pellet flying over fields. the fields go on nearly forever and there are no public paths or buildings for a good mile.

 

hope someone can help, cheers in advance

nick

[Buster321c 1,010]

You are perfectly within your rights shooting in your garden ( saftey permitting ) as long as your 50 feet from the center of the nearest road . As long as the pellets dont leave your garden nobody can say a word . As for trhe tree , if it over hangs , its gone is a general rule of thumb

[matt_hooks 188]

The owner is within their rights to remove overhanging branches. As a tenant, you should have similar rights.

 

As for shooting, Buster, the "50 feet" rule is a total red herring. It only applies where by shooting within 50 feet of the road, someone using the road is endangered or inconvenienced. Shooting in the back garden, with a moderated air rifle, will be safe.

 

You have to ensure that your pellet doesn't cross the boundary onto land over which you have no right to shoot, as this is classed as an armed trespass. In reality, unless the farmer has stock in the field, how is he going to know that your pellet passed onto his land?

 

Are you sure that the birds are covered by the general licence? I.E are they endangering human health? I would say the crap on the kids play house would qualify on those grounds, it's up to you to be able to prove it if called to account.

[bud 5]

I don't know about the shooting part but am a Tree Surgeon so can give some advice on the tree part.

 

Generally if a tree overhangs your property you can cut it back the the property boundary providing it has no preservation order and what you do is not detrimental to the health/safety of the tree. For example, if you cut branches off one side of the tree it can become unbalanced, so as a general rule you need to do the same both sides. The farmer has no obligation to cut the tree back for you and the council will probably only start caring if it becomes a danger to the property.

 

So, unless you are prepared to pay out your own pocket it looks like shooting is the only option

 

Hope this is of some help,

 

Paul.

[pest hunter 151 15]

All i can add is if the pellet is passing to the field behind it is illegal and dangerous. Although you can use the tree as a back stop. For example a bird lands and wait for the kill zone (normaly the head) to be infront off a branch or trunk its then much safer. You do damage the tree but at least no one would be hert.

[savagebulldog20 0]

well as im not a rich man, i dont know if the tree is listed or not, the field is only used to grow crops and no live stock plus i dont want to anger the farmer as im hoping he will give me perrmission one day then im just gonna have to shoot them darned birds

[gurtwurz 792]

hi nick, why not have a word with the farmer and see if its ok just to shoot the birds in the tree, as long as its safe? you never know, it might lead on to you being able to shoot the fields too eventually

 

cheers, wurz

[savagebulldog20 0]

i did think about that but then if he says no and i do it anyway and he finds out then there is no chance of getting permission. im only going to shoot the birds from the branches that hang over my garden at least that way if he does see me doing it i can maybe justify it to him. either way some birds are gonna get it

[pianoman 3,587]

Hi Nick.

If you start shooting birds in your garden it's only a matter of time before some snoopy

neighbour reports you to the council or police. Whether you have the right or not. Have a friendly chat with the farmer. Discuss the tree and shooting permision in one. Keeping him on-side would be a good position to be in for you.

 

If all else fails, get a young female cat!

 

ATB

 

Simon

Edited April 6, 2011 by pianoman

[SEAN3513 7]

it also depends on what sort of birds they are

 

as for the tree....you can, chop off the overhaning branches and put them in the field as they belong to the farmer....it you dont it becomes stealing and you may face charges.

 

cheers

 

sean

[Tomm Parr 30]

don't forget, you can only shoot certain species of birds.........

[savagebulldog20 0]

im starting to think maybe i should just get a couple of decoy BOP's and stick them in the tree rather than shoot the birds. its only really the bigger birds (pigeons and the corvids) that do the crapping and i know it will start the corvids screaming for a while but i dont want to get on the farmers bad side.

 

im confused.com.......

[stubby 175]

with any form of pest control, you ideally need to show you have done all other means of stopping the birds droppings landing in the play area and causing a health and safety issue with the kids, before shooting, shooting being the last option, some may say (neighbours/farmer) that cutting the overhanging brances, would stop such things happening

[savagebulldog20 0]

it probably would but the farmer wont take responsibility for it, nor will the council. i havent got the money to fork out for a tree surgeon and i havent got the knowledge or the tools to get high enough or cut the tree properly, plus its not my tree so hacking away at it might cause alot of trouble for me.

[mad al 146]

well I'd be havin a word with the farmer by way of offerin some pest control in the deal I've never come across a farmer who wouldn't want crows and the like being removed from the air space over their land