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AIBU?

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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:
Annoyance · 27/01/2019 11:44

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)

Oh yes, definitely Google these people. I'm often amazed by the things people write on Facebook without privacy settings.

BoreOfWhabylon · 27/01/2019 11:44

Cheeky fuckery of the highest level.

So sorry OP but, on the plus side, this has all the hallmarks of a classic thread!

ChocolateStash · 27/01/2019 11:46

We had a a CF neighbour trying to covet our the neighbours land claiming squatters rights. Hmm That was settled very quickly legally and CF was told where to go.

BitOutOfPractice · 27/01/2019 11:54

Can everyone clear off this thread now. I'm claiming it as my own as I've been reading it for 10 minutes now so it's mine.

OP these people are the Cest of CFs! I very much look forward to hearing you whoop their arses

youarenotkiddingme · 27/01/2019 11:58

OMFG that's CFery at its finest Shock

No idea of legalities but you've had some great advice from here.

I think I'd be tempted to rip down the fences and return them "as your property left on my land".

MaryPoppinsPenguins · 27/01/2019 12:02

How big is the land? This is crazy. I’m incensed for you OP!

Lexilooo · 27/01/2019 12:04

I can also vouch for "reputable" tree felling companies being shit at checking whether they are felling something legitimately.

We have several trees with tree preservation orders, we have to get the council's permission to prune or fell them. But one-day had a tree felling company knock on our door asking us to move our car as it was in the way of the tree they were about to fell. Turned out the housing association that own a few houses down the road had employed this company to fell/pollard the trees in our back garden!

We had a very interesting conversation with the housing association trying to explain that no they didn't own our house and also that although they had a right of access next to our garden our garden, is our private property and fuck all to do with them.

7salmonswimming · 27/01/2019 12:10

Are you in England?

nellieellie · 27/01/2019 12:20

If it were me, I’d hand deliver a letter NOW. If you can enclose a copy of the office copy entry showing the land as yours - do so. State that you own the land pursuant to your late GF’s will, (refer to office copy entry) they have no legal interest in your land and that the tree felling, fence erecting constitute trespass. State that you will be seeking financial compensation for damage to trees, and (if any were subject to TPO,)reporting them to local authority. State that they are required to remove all fencing immediately, (state a clear deadline - eg 4pm, Friday 1st February) say you are being more than reasonable if you allow, say 4 days). State that you will be seeking full legal advice concerning your remedies, and will be in touch further very soon. Failure to carry out the steps you have requested will result in you seeking a legal injunction to compel them to do so. You will seek an order all legal costs for such action against them.

Somewhereovertheroad · 27/01/2019 12:21

Lexilooo that's shocking. Thank goodness you were home or you could have come home to the job done.

RCohle · 27/01/2019 12:24

I love that they think you can fence in a bit of land and after a couple of months you own it. Fence in a bit of their garden?

You've already had this said a million times on this thread, but adverse possession is wildly more difficult that this. Even after 10 years they'd have to apply to the land registry who would notify you and give you a chance to object. The whole thing is laughable.

jewllerybox · 27/01/2019 12:24

Is the land in England OP? Remember the laws differ in Scotland.

SauvignonBlanche · 27/01/2019 12:25

Unbelievable CFs Shock Good luck!

Jon65 · 27/01/2019 12:25

They are trespassing. Remove the fence etc and reclaim the land. The ball is then in their court to take legal action.

MagicKeysToAsda · 27/01/2019 12:26

This is reminding me of the thread where the neighbours installed patio doors from their flat into an MN-er's private garden. Was that ever resolved? Last part I read was apoplectic planning dept and suddenly absent neighbours...

Dollymixture22 · 27/01/2019 12:27

I would also see what legal action I could take against them for destruction of property.

And yes remove th fences if you are certain they are on your land

DGRossetti · 27/01/2019 12:27

.

strawberrypig · 27/01/2019 12:33

Where do you live OP? I know there are different laws in Scotland but still can't see that a couple of months would be enough.

travellinglighter · 27/01/2019 12:48

Not at all place marking.

WiddlinDiddlin · 27/01/2019 12:49

Bloody nora the CFery knows no bounds!

Jaxhog · 27/01/2019 12:49

They can't do this! It's my understanding that to claim the land they would need 10 years (12 years if unregistered) 'factual possession' i.e. sole control of the land. SInce you also used it up to November last year, I wouldn't think this was the case. The only way they can claim it, is to make a 'true statement' to the Land Registry, who would them inform you. Right now, they are trespassing.

You need to get your solicitor to write and request them to remove the fence and vacate the land immediately. (Check the exact position with them too)

If they've felled a tree with a TPO, they will be required to replace it. And you could probably sue them for criminal damage.

Jaxhog · 27/01/2019 12:52

@MagicKeysToAsda that was one of my favourite threads! I believe the council took action to remove the french doors. Don't know if they tracked down the neighbour and made them pay though. Maybe that thread is in classics?

WitchDancer · 27/01/2019 12:52

I can't believe you didn't blow them out of the water when you spoke to them. I hope you get it resolved soon

MissSmith80 · 27/01/2019 12:52

I am constantly amazed by the knowledge on MN (also place holding as I can not wait to hear how this goes down with the CFers!) Good luck x