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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:
CrabbityRabbit · 28/01/2019 21:56

Absolute fuckers. Hope you can take them to the cleaners over the trees.

kezibear · 28/01/2019 22:03

Not placemarking at all Wink

CountryGirl1234 · 28/01/2019 22:44

They cannot do this. If I were you firstly I’d get in contact with the local tree officer and inform them of damage to your trees by your neighbour, they’ll have plans or check out the TPO mapping online. Seem to remember something about 10 years to maintain grounds. But I’m not an expert in that. I am in trees, however and you can take them to court. I’d start by ripping their fencing down and prosecuting them for damages to your woodland.

CountryGirl1234 · 28/01/2019 22:46

If you want to pm me I can look for you re:tpo’s and help with council etc

ohdeardaddyibrokeitagain · 28/01/2019 22:52

.

Maelstrop · 28/01/2019 22:56

No update yet...I am now seriously concerned that the OP has stood still for a fraction too long and the CF neighbours have built a fence around her...

PMSL! Fencezilla! 🤣

ZogTheOrangeDragon · 28/01/2019 23:05

Once you get access and possession back, it sounds like this woodland will be the perfect place for very loud festivals with awfully annoying music to be played!

CountryGirl1234 · 28/01/2019 23:18

There is a whole amount of fuckery you can excercise on these idiots.
1 TPO’d Trees can be fined hugely (20k plus kit removed for professionals) so unlikely if there’s huge amounts removed, (were talking tonnes to required a felling licence) it wouldnt be by someone professional as they’d check and you have to prove the land is yours or your an agent ... etc
2 Any tree over 7.5cm dia in a conservation area requires consent (if its C.A)

  1. If they’ve put in a fence they could damage root structures to existing trees.
  2. What age/species were the trees? Bats are another 20k fine plus. If your not sure bats could have been living in the trees, usually mature gnarly or ivy clad trees. ££££’s charged on top of that.
  3. If they’ve removed the windthrow trees (buffers) from the outer edge and exposed inner trees more may require removal to make safe. But you should get an arboricultural chap or lass to have a look.
  4. When did they remove the trees?? Bird nesting season is Feb - August..

If they’re happy to go head to head with you on this, personally I’d advise them to remove their fencing within 1 week or you will have it removed and send them the bill & meanwhile assessing the damage by a qualified arb consultant to value the damage cause to root structures created by their fencing (if they’ve broken ground in any serious way they may have severed roots)
Also I’d ask where my timber was and say you’ll be seeking compensation for the wood removed. Smile they haven’t a leg to stand on.

NotTerfNorCis · 28/01/2019 23:18

I had something similar when I bought a house and my neighbours claimed my driveway as their own. They let someone dump an old trailer on it. Some people just take the piss.

Elderlygrannygoat · 28/01/2019 23:27

One of our neighbors did this to us and just lied about having kept chickens in our wood for twenty years so had a right to our land.
He cut down trees, pulled up the roots with a crane and grubbed up and burnt about two hundred meters of hedge amongst other outrages.
The police wouldn’t stop him and said it was a boundary dispute so we had to get a solicitor and then a barrister’s opinion.
The only way we could afford this was that boundary disputes are covered by our household insurance! We had no idea until our solicitor told us so please check your policy. It saved us tens of thousands of pounds. And we won. Except we won’t live long enough to see the mature trees grow back.

Glamdring · 28/01/2019 23:35

God luck op, though it seems the neighbours have absolutely no claim what so ever

Josiebloggs · 28/01/2019 23:39

.

Rabbit62 · 28/01/2019 23:45

en.m.wikipedia.org/wiki/Adverse_possession

This explains what the neighbours are doing. And I agree with the comments above If you cannot sort it out easily with them get a lawyer.

FanfictionFan · 29/01/2019 00:00

Not place marking at all.

llizzie · 29/01/2019 00:00

It is very expensive to take civil action about this whether illegal or not. If I could I would take my neighbour to court for something similar but it is impossible.

CanuckBC · 29/01/2019 01:38

I can’t imagine the gall of someone trying this on! Can’t wait to read the updates👍🏻

notsodimwit · 29/01/2019 04:23

Cant wait for update op Flowers can you draw us a diagram with the scale/ measurements of your lovely wood Grin ...packing tent and camping stuff as I speak so I will be there shortly Grin (ps...will I be able to climb safely over fence or will I need to bring stepladder?Smile)

JaesseJexaMaipru · 29/01/2019 04:37

I hope you have access to legal cover on an existing policy - solicitors bills will run to hundreds (I contacted a solicitor regarding a boundary dispute once and was told £75ph+vat and they needed £700 up front to start work) - obviously you can then sue for legal expenses.

youcantchoosethem · 29/01/2019 06:23

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Pinot4me · 29/01/2019 06:33

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anyoneneedabodygaurd · 29/01/2019 06:46

You will find the local parish council helpful and should have good advice for you too

OrgyofSausages · 29/01/2019 07:42

Massively cheeky fuckers Shock - the gall of some people!

Please keep us updated OP.

MrsCplus · 29/01/2019 08:02

Shameless placemarking. What cfs!

Jebidee · 29/01/2019 08:44

I'm a conveyancer and your neighbours are ignorant twats. They'd need to have used the land openly, without permission, as of right and to the exclusion of all others for at least ten years in order to gain adverse possession. And they'd need to prove it to the land registry and for you not to object to be registered as proprietors. One letter from a solicitor pointing out that they are trespassing and demanding recompense for the timber should sort them out.

jugjools · 29/01/2019 08:59

Am very invested in this thread - looks like we all need an update!

Would be interesting if the cf have read this thread and removed fence along with any evidence before you return!