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Neighbours tree and land issue

(12 Posts)

MNHQ have commented on this thread.

ALSYPOPS Fri 15-May-15 20:50:16

We have an issue with our neighbour. We contacted them to ask them if we could discuss trimming a massive tree in their garden. To cut a very long story short, they are renting the property out and have no desire to trim it. It totally blocks the sunlight in our garden. As a result we have now established they actually don't own this piece of land. It is part of the road that backs onto our properties for parking/garages etc. they are looking to tend it for a period that means they can claim the land as theirs as they have fenced it off for five years to date. We have spoken to the council and they have told us they cannot do anything to assist us. Can we get advice if anyone has come across this sort of problem please.
Thank you

mineofuselessinformation Fri 15-May-15 20:54:29

If it's unclaimed land, ask the council if they object to you trimming the tree. If they don't there is nothing to stop you - tree preservation orders excepted.

2boys2girls Fri 15-May-15 20:58:56

Take fence down asap before its claimed and start using it as yours as well

Methe Fri 15-May-15 21:00:57

Yeah if you start using it too they cannot stop you. You've as much right to trim the tree as they have to keep it.

DawnMumsnet (MNHQ) Sat 16-May-15 10:08:05

Hi all,

We're moving this thread over to our Legal Matters topic.

Penfold007 Sat 16-May-15 10:18:58

They are trying to claim the land through adverse possession. I would get advice and challenge this.

caroldecker Sat 16-May-15 10:47:10

Adverse possession does not work effectively in the uk anymore. Who does own the land?

Lonecatwithkitten Sat 16-May-15 10:59:25

Adverse possession most certainly works, I obtained an adverse possession order recently. Get legal advice.

FenellaFellorick Sat 16-May-15 11:17:59

Find out who does own the land and get permission to trim back the tree.
Failing that, present the neighbours with your evidence that they do not own the land and trim back the tree. (As long as it's not protected) Not their land = bugger all they can do.

Collaborate Sat 16-May-15 14:11:54

Only the owner of the land has the legal right to trim back the tree. I think you need to speak to your local Highways authority. Might they own it?

frogsfromrumrah Sat 16-May-15 14:52:47

I'd would firstly check for a TPO through the Council. If there is a tpo then your tree trimming is going to be difficult. If no tpo, Then I would do a search on the land registry to see if the land is registered. It it doesn't show up then do an index map search (land registry practise guide 10 ) see if it reg or unreg in title. This way you are trying to find the legal owner, do your best to find them so you can ask for permission etc. Once you have exhausted that route, Establish how long the occupiers of the land have had their fence up to try and claim the land. If less than 10 years then they have no rights over the land as the clock for claiming is still running. I would probably say to them in person at this stage to deal with the tree, or you will and this will interrupt their claim on the land. If they do nothing then I have to say I would deal with the tree. The occupiers will have lost nothing they have no claim to. There is a risk the actual owners will show up, but what have they lost financially? Nothing worth worth suing in a court. Once a tree is gone, it's gone isn't it. Yes this is hard nosed, but it does happen. you might do well to at least plan the trim outside bird nesting season and check for evidence of bats. Get advice from an ecologist if necessary. Hope this helps

KPlunk Mon 18-May-15 00:29:35

So do you know who does own the land?

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