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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Neighbour stole our woodland?

983 replies

TwittleBee · 27/01/2019 07:00

Our DGrandad left me and my sister his woodland when he passed away a few years ago. It isn't anything that special (as in its not protected and hasn't any distinguished species) but does have a TPO on a couple of trees. It is a place that my sister and I visit occasionally and thought that perhaps we could use it as a place to "wild camp" with the kids this summer for a few weekends. Even had insipiration from what George Clark created in a piece of woodland in his series Amazing Spaces and thought maybe one day with enough money we could do the same.

Anyway, we went down there this weekend to have a look to see if we could maybe clear a patch for a good tent destination, Thought it be good to do this now before everything starts flourishing in the spring.

To our shock it's all been fenced off and there has been some very obvious clearing of trees and shrubs! We knocked on the nearest house to ask what's happened to our woodland and the couple that lived there informed us that they have now taken it as their own and have started keeping it in order for past couple months. They said that it now makes our land legally theirs?

Obviously we shall be seeking legal advice but in the meantime, can what they claim actually be correct?

Just seems so unfair? Surely that would mean I could just fence off any land and claim it as my own?

OP posts:

AWishForWingsThatWork · 27/01/2019 11:11

Definitely get a solicitor onto them ... tell them you'll be pursuing them for any and all damages or alterations to the land if it is not restored to the way it was before they trespassed onto your property, civil and criminal.

PutYourShirtOnMartin · 27/01/2019 11:12

I think we should have some sort of 'occasion' in this wood... didn't we have one for a woman who found someone else's horses in her field ?

Cheeky Fucker Fest?

Fiddie · 27/01/2019 11:13

Even if you want it fenced DO NOT keep their fence up.

Make them remove it and put your own one up.

cowfacemonkey · 27/01/2019 11:13

Blimey the nerve of some people! Is there enough room to put a fence around their fence!?

Maryjoyce · 27/01/2019 11:13

It takes 10 years to claim any land and that’s without any objections

Annoyance · 27/01/2019 11:13

Surely if they have been felled then a felling company would have checked first or at least have records that it was the neighbours that contracted the work and not us?

Technically yes they should, but I wouldn't put it past anyone. If the neighbours are the sort of CFs who'll fence around a plot of land that isn't theirs, then they're probably the sort of people who'll ask contractors to do illegal stuff for them. I bet they paid in cash.

Ginkythefangedhellpigofdoom · 27/01/2019 11:13

They sound just like the sort of areholes who once they have it proved to them they've got no chance of keeping the land will start arguing about the money it cost them for the fence and try getting you to pay for it!

Maryjoyce · 27/01/2019 11:14

And deffo solicitor claiming for the damage and destruction to your trees etc

StartedEarly · 27/01/2019 11:14

I’m obsessed with the GardenLaw forum.
I love it that there is a garden law forum.

ILoveDolly · 27/01/2019 11:14

Very interested to know how it goes OP. Half our garden is a separate piece of land purchased by previous owners, so separate deeds to rest of house. New farmer bought ajoining land and after a bit, accused us of stealing his field, he had found an old map of the boundaries which didn't take into account the sale. The deeds are the thing. If you've got them (and proof of sale agreement in our case) then you should be fine. We didn't need solicitors we just showed him the documents and he disappear ed.

Maryjoyce · 27/01/2019 11:16

I would cut a whole in the fence as it’s stopping you getting in your property and I’d maybe ring police as backing when you go to do so as it may be a bit awkward but they have to Back you if you own it as they are trespassing and also have caused criminal damage I’d think though I’m no solicitor

Mrsrockwell · 27/01/2019 11:17

Please update us.

We NEED to know this has been resolved in your favour.

Somewhereovertheroad · 27/01/2019 11:19

Oh dear. Really shocked by this thread. Hope you can get it sorted.

Annoyance · 27/01/2019 11:23

There's a lot of urban myths surrounding adverse possession. Way too many people seem to think that if you use some land or buildings for 12 years then you automatically receive a certificate in the post with a congratulatory letter and then you'll live happily ever after. It doesn't work like that. You have to go to court and prove everything and do a load of legal paperwork, and prove that you genuinely couldn't find out who owned the land. It's rare for that to happen with registered land because anyone can go online and do a Land Registry search. The owner of the land needs to be contacted and the thief has to prove that they genuinely couldn't get in touch. It does still happen sometimes but it's way more difficult than a lot of people seem to think.

FlorencesHunger · 27/01/2019 11:26

I know nothing of this but they are the ultimate cfs. There was a similar cf thing that happened here. Where the public can access a large estate for walking or cycling etc, where the road that leads to it is basically private property to the houses on it. One of the residences put up a massive fence/barricade to stop people accessing the estate. It's been a long winding process with them refusing to remove it, even the local authority took it to court and won but still they refused to remove it. Taken almost two years, I think it has been removed now.

LakieLady · 27/01/2019 11:29

Should have said it is in green belt land so not exactly ideal for development. It is in a lovely location though for bit of wild camping / holiday woodland shack if we could ever get permission for that.

You can wild camp anyway. I think you can do that for up to 28 days a year without any sort of consent, as long as you're not causing a nuisance.

DSS manages a 40-acre wood, and we camp over there a couple of weekends every summer. It has vehicle access, so we take our motorhome and DSS and DGD camp in a tent. DGD has been going since she was a baby and learned to walk there. We cook on an open fire, the dog runs free, we see deer, badgers and an incredible variety of birds and it's completely private. It's fabulous fun.

It's also taught me how much work is involved in sustainably managing a wood, you might want to look into that! He spends a huge amount of time clearing scrub and coppicing.

The only structures that he's been allowed to put on the land are a couple of storage containers for secure stoarge of tools and equipment, an opensided barn for drying wood and a timber shack* for him and his business partner to overnight in when they're burning charcoal.

*I call it a shack, but it is actually beautiful. It is a few feet off the ground, has a pitched roof, and is made entirely from trees grown in the wood, even down to sweet chestnut shingles that he has split by hand. It was a labour of love.

theemmadilemma · 27/01/2019 11:30

Utter madness, hope you sort it quickly!

BreakfastAtSquiffanys · 27/01/2019 11:31

If you go down in the woods today
You're sure of a big surprise
If you go down in the woods today
There's CFs telling their lies!
For every MNer that ever there was
Will gather there for certain because..
Today's the day, the CFs the have their pasting!

Puzzledandpissedoff · 27/01/2019 11:31

Surely if they have been felled then a felling company would have checked first or at least have records that it was the neighbours that contracted the work and not us?

That might depend on whether they used a proper company or just some mate with a chainsaw

When my ex MIL died some neighbours tried this, only like idiots they faked a letter she'd supposedly written years before, saying they could have it. That was a lot of fun once the solicitors got involved - it cost them a ruddy fortune

LakieLady · 27/01/2019 11:32

And deffo solicitor claiming for the damage and destruction to your trees etc

Depending on how mature the felled trees were, and what sort, they could have been worth a lot of money. As the wood is yours, I daresay any timber that they have felled is your property too.

Ask them for an inventory of what they've felled.

MsTSwift · 27/01/2019 11:34

It really doesn’t work the way they think it works

SawnUpLooRoll · 27/01/2019 11:34

I want to read the thread about random horsesjn a field now... we need a roundup of CF land threads.

greenelephantscarf · 27/01/2019 11:34

another thought.
can you trawl through facebook/pinterest etc to find cf landgrabber and references to your land?
just to addto your pile of paperwork to show the solicitor. (make screen shots, not just the links to the sites)

DobbyTheHouseElk · 27/01/2019 11:39

What type of fence? I was imagining a stock fence, but pp are suggesting cutting holes. Don’t you climb over fences. I can’t imagine it’s a suburban garden fence.

ScrumptiousBears · 27/01/2019 11:41

I am so pissed odd for you OP. What makes it worse it's happened on a weekend and you can't just start calling solicitors now.

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