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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
PickAChew · 28/01/2019 19:21

MrsBodger we did similar in our last house with a foot wide strip of land between our garden and the fence around a neighbouring field. Their fence was enormous and ours came down after a storm. We didn't bother replacing it and took the chance to get rid of all the thistles, willowherb and nettles that we were previously fighting a losing battle against.

We wouldn't have dreamed of keeping the land as ours, though.

SchadenfreudePersonified · 28/01/2019 19:21

Adverse possession has a whole host of requirements not the least of which is that they possess the land for ten years, then apply for a transfer which requires notice being given to the legal owner who then had two years to initiate proceedings for them to be removed from the land.

I'm pretty sure that this is correct.

Not only is it not theirs they are responsible for any damage ie clearing of trees etc they have caused.

Judashascomeintosomemoney · 28/01/2019 19:28

I’ve recently had to go through an Adverse Possession case myself on our land. I imagine that AP is what they are going to try to claim because one of the criteria is that the land in question must be fully enclosed (fenced, walled, whatever) which is possibly why they’ve suddenly fenced it. Either someone has advised them to do so or they’ve interpreted it themselves. Pictures (date/time stamped) of the woodland without the fence in the last ten plus years would be useful (to prove there was no fence before, because they could claim the new fence is merely a replacement of an old fence) Of course it’s not the only criteria. If there is an intention of using AP I imagine they will claim they were using the land prior to your GFs passing in order to fulfill the time frame criteria. Oddly, AP depends on never having been given permission to use the land so if you were to send them a letter giving permission for them to use your land that would actually mean they could never claim that their claim is ‘adverse’, however I’m not suggesting you do that, just pointing out it’s an odd law. Anyway, if Im correct and they intend to claim they were using the land even when your GF was alive, there really is a time imperative, you do need to see someone ASAP to legally sort this out for you.

SchadenfreudePersonified · 28/01/2019 19:30

Op- whatever happens PLEASE UPDATE. I don’t want it to be one of those threads when we never find out what happened in the end

Bloody right nottaking!

Lovethesun100 · 28/01/2019 19:33

I would ask the police to attend when you remove the fence. Have a copy of land registry to hand to show police.

SchadenfreudePersonified · 28/01/2019 19:34

Eff Off Maelstrop!

This is Newtonthehorizon's thread now and we can do without you sort here! Grin

Omzlas · 28/01/2019 19:37

Shameless placemarking Wink

QueenofHarts · 28/01/2019 19:41

No advice. I just wanted to say your neighbours take the biscuit.

Would love to hear an update op.

Wine Flowers

SchadenfreudePersonified · 28/01/2019 19:44

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...

There were two threads on this Magic, as far as I am aware.

The second was very sad as the OP's* lovely listed building home had been structurally seriously damaged (made uninhabitable) because of the "improvements" her new neighbours had made (without planning permission or building regs) to the property that adjoined hers, knocking down load-bearing walls etc. She had to move out, and the culprits just seems to have buggered off, leaving her effectively homeless and with a million "cease-and-desist" orders against them. I don't know if it ever got resolved.

toxic44 · 28/01/2019 19:46

Solicitor, immediately. This is theft. Don't try to do it face to face yourself, you'll do more harm than good. People like that can fabricate conversations as easily as they can steal land.

billybagpuss · 28/01/2019 19:49

I got all excited when I saw this thread at the top of the discussions list,
have there been any updates today OP?

SchadenfreudePersonified · 28/01/2019 19:49

That thread was a work of fiction. The poster was a troll.

Noooooooooooo! Shock

supadupapupascupa · 28/01/2019 19:56

Insure I googled tpo in our area and came up with a website with a map showing the trees. On the local planning website.....

NewName8674 · 28/01/2019 19:56

Just build a fence around their whole property and evict them

Jux · 28/01/2019 19:59

Ridiculous couple! Takes abrout 20 years to steal someone's land like that Grin

If you have paperwork, the Will, Deeds, TPOs you shouldn't have too much of a problem with it all. Council will know what trees are TPOd, btw.

MulticolourMophead · 28/01/2019 20:05

SchadenfreudePersonified If you're referring to the patio threads, the OP was not proven a troll, and I think you can still find the threads on here somewhere.

thecatsabsentcojones · 28/01/2019 20:08

Cheeky arseholes, we own woodland and are part of organisations like the Small Woodland Owners Group. They might be able to help. Pretty sure these shits don't have a leg to stand on though, I'd go utterly berserk - they're nicking £10-15 grand per acre!

Rememory · 28/01/2019 20:11

I want an Artisan Scotch Egg now misses point of thread can't believe the cheek of them OP!

Ibiza7 · 28/01/2019 20:17

Call the relevant department at your local council they'll have all the TPO details and pass straight to family solicitor and get him to write to them asap. The longer you leave it the messier it will become.

Happymum16 · 28/01/2019 20:17

Hi, We have recently had a similar problem with our neighbour, I would suggest you register on the Land Registry page, then go onto the Arial view option. When you find the area of the woodland repeatedly click on the icon and it will zoom in and tell you the Land Registry Number. Then go and order a copy of the deeds (on the same website), this will cost £3 and it will tell you who the registered owner is, I would also suggest you get a copy of the neighbours deeds as well which will show you a guide to where their boundary starts and finishes. I hope that helps it certainly did with us and proved the land was ours. Good Luck

limitedperiodonly · 28/01/2019 20:23

Whenever people say they can't believe people would behave like this I think they are lucky to have never met them. There are loads of people like this about. I had this with a married couple. When you first meet them you think: 'Surely not? There seems to be a bit of a misunderstanding here.' But oh, yes.

Lots of people are bonkers. Lots of them think they are entitled to stuff because they tell themselves they deserve it more than you - you aren't looking after it or you don't appreciate the true value of it or are a bit stupid and deserve to be ripped off. The idea of owning property definitely does something that makes a strange person really crazy.

OP, it sounds like it will be relatively straightforward to resolve but I would take a solicitor's advice.

JaneyJimplin · 28/01/2019 20:23

Can't believe the bare faced cheeky f*ckery of these neighbours! Shock

Stompythedinosaur · 28/01/2019 20:24

Any update op?

Shocking behaviour by cfs.

CoraPirbright · 28/01/2019 20:29

This is a brilliant idea. Under cover of darkness tonight, I am totallly going to annexe my neighbours lawn. As long as I bung a fence up around it, its mine right?!!

Totally unbelievable. Would love to be a fly on the wall when they get their arses handed to them by your solicitor!!

As an aside, TwittleBee Wood is a charming name for your wood!!

ToftyAC · 28/01/2019 20:30

@juniperbushes
Genius!