Neighbour stole our woodland?

[TwittleBee]

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?

This is truly breathtaking CFery. I hope you get this sorted quickly OP. Please come back and update!

I am pretty sure there is a whole long process involving advertising for owners etc that has to be gone before you can take possession of land and that is in the case of knowing it is your land but you have lost the papers.

Just go straight back to your family solicitor . A letter to the neighbours setting out the law maybe enough . Should they need more specialist advice they will be able to obtain it for you . Good luck

Gobsmacked that people actually do this!!!
Hope you get it sorted quickly op!

Pm

Since they are that sort of neighbour, they have probably rubbed some of the other neighbours up the wrong way at some point.
If it were me, I'd write a nice chatty letter to all the other neighbours & landowners in the vicinity, confirming that you inherited the woodland from your relative Mr ... however many years ago, and have been maintaining it as a wildlife reserve ever since. (Hopefully they will remember his name.)
It has come to your notice that unfortunately people have recently gained access to the wood and felled some of the trees, which has caused you considerable concern and distress. Should they perhaps notice anyone on the land, please can they telephone or text you urgently (number provided) to let you know.

Phone LBC when they have a property lawyer on. I would want to write to them and say they have no right of ownership and that if you have to go to court you will ask for all costs to be paid by them. I would want to give a date by which the fencing had to be removed.

Some excellent advice on this thread. I can’t believe the CFery of these people!! I hope you get it sorted without too much aggravation OP.

There’s a titchy triangle of land at the end of our drive which was fenced into our garden by the people who owned our house before us. When we bought it 14 years ago our solicitor discovered it was actually owned by the landowner of the field behind. Previous owners told us that as it wasn’t cultivated (steep slope, lots of trees which are in a conservation area) they decided to treat it as their own so fenced it in. Our solicitor told us that even though they had done this 20 years earlier it did not give them or us any rights over the land and the true owner could reclaim it at any time. They haven’t because it’s probably not worth the effort for them and if they did It wouldn’t really bother us, but unless the law has changed I think your neighbours have zero chance legally. But make sure you get compensation for any damage caused!

This type of possession was made illegal by the Court of Human Rights quite a few years ago. They have no right to take over the land. If the solicitor who handled probate for your grandfather did their job properly, the land should have been registered at the Land Registry under your name and your sister’s name. Any solicitor will be able to search the registry and give you a copy. If that’s not been done then you need to find the deeds to the land and get a solicitor to register the two of you as the owners. You will need your grandfather’s grant of probate to achieve that. If, for some reason, probate was not obtained on his estate, you will need it done ASAP. You cannot inherit without probate being obtained first (and only if your grandfather did give you the land as a legacy under his Will of course!). Regardless, the neighbours have no rights over that land, whether it is yours or not.

Oh and claim for legal costs too! You might be able to sue for that through the small claims court if damage and legal fees are under £10,000.

Hope you get it all sorted OP.

Good advice on here. Will need an update :-) CFs!!!!!

Oh blimey, pure cheeky fuckery.

It’s impossible to understand any normal human being ( even arseholes ) thinking this is an ok and reasonable thing to do . This is cfuckery of the highest order I think I’ve ever read on here. The law is on your side, use it to nail their balls to wall, cheeky bastards. Sorry you are going through this , it must be awfully stressful 🏕💐💐

Hopefully this neighbour is basically employing the “fake it until you make it” tactic of literally just digging in their heels and hoping you don’t bother taking legal action (or hoping you can’t afford it). Fingers crossed once an actual solicitor is involved they will give up fairly quickly.

Gosh....no advice. But there’s plenty on here for you from people in the know. I hope you get it sorted without too much stress.

One of the rare occasions when you wish that the Daily Wail would turn up.

Astonished that they think they’d get away with this after a couple of months!

IMO it’s worth getting a written trail of messages with tree preservation officers,and getting a property lawyer on board immediately , so everything is dated.

Hoping OP finds a good local solicitor. Would love to know more (nothing outing) about the land, size and age 🌳 🌳 🌲

Can't wait for an update on this, such cheeky fuckery!!

I’ve seen a lovely plot of land behind my house, I might extend my fence, pluck some weeds and claim ownership

Some CF’ers in this world, no idea how you kept your calm when you spoke to them OP! Can’t wait for this to progress and for them to be hit with reality

We nearly fell foul of a similar thing when we were looking at a house years ago. It was a big house but it needed a lot of work doing and in the end we left it. It then turned up for sale again a year later for half what they’d been asking. Turned out they couldn’t find the owner. The old lady that had been living in it had passed away and they couldn’t find out who’d inherited it. We nearly bought a house we had no seller for.

Wow some people are unbelievable! How did they think they could get away with it! So angry on your behalf op. Hope you get it sorted and they don't get away Scott free

OP has said the deeds clearly show her and her sister as owners. I also think it'll be a while before any legal update (although other evidence of CFery may come to light), as I can't see any solicitor having any available appointments today, even if OP phoned on the dot of opening hours.