FCo Rural Estates Newsletter Spring 2022 - Flipbook - Page 7
Grant schemes
There are numerous grant schemes available both for the creation of new woodland and
the maintenance of existing woodlands. Each comes with its own rules and requirements
and professional advice should be sought on any scheme. Any purchaser will want to
understand what schemes may be available to them (and the interaction of the different
schemes). As noted in our Woodland – conditional exemption and environmental
schemes article, being part of one scheme may disqualify you from benefitting from
other schemes in future.
Where a property is subject to an existing scheme there may be ongoing obligations
with regards to restocking and maintenance which need to be understood by a buyer.
There may even be subsisting breaches of those obligations, raising the possibility of
financial penalties (including the repayment of any grants received) that could fall on
the buyer. Felling licences also usually come with restocking obligations which bind
buyers. The purchase contract should therefore deal with these issues and provide
mutual indemnities confirming compliance by the existing owner up to completion and
continuing performance by the new owner. On any woodland purchase, it is important
that the necessary dealings with whichever body monitors compliance with the grant
conditions should not only be spelled out in the contract, but actually put into practice.
All sorts of issues can arise from those involved forgetting to do what they were meant to do.
“
Mature woodland attracts trespassers, from dog
walkers to BMX riders.
Owning woodland
Commercial operators will be familiar with the issues, but private buyers new to
woodland ownership have to become accustomed to a new range of risks that come with
this type of land. Mature woodland attracts trespassers, from dog walkers to BMX riders.
Landowners owe a duty of care to those uninvited guests under the Occupiers Liability
Act 1984. An additional duty exists under the criminal law which is particularly relevant to
trees, especially those overhanging roads or footpaths. The Health & Safety at Work Act
1974 requires ‘reasonable safety’ to be achieved by employers who control property as
part of their business. This duty to ensure that individuals are not exposed to risks to their
health and safety applies not just to employees, but also to those affected by operations
on a property, including walkers. There is, sadly, no shortage of cases of serious injury
caused by falling branches. Annual tree safety audits, appropriate remedial action and
public liability insurance cover are essential.
Conclusion
Buying existing woodland or land for woodland creation is not the same as buying land
for agriculture – everything must be looked at through a different lens. Early input from
professionals who specialise in this area is invaluable.
Rural Estates Newsletter
Spring 2022
7