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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
purpleleotard · 30/01/2019 16:32

Perhaps just thanks them for putting up the new fences then bill them for the damage to the woodland.
Or rip the fences down and laugh.

Judashascomeintosomemoney · 30/01/2019 19:37

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
Not necessarily. My own Adverse Possession case was so cut and dried that it was a couple of letters from my solicitor, land registry changes and cost about GBP250.00. I guess that was partly because the other party wasn’t a complete idiot and realised challenging it would cost a fortune and be doomed to failure though......

SchadenfreudePersonified · 30/01/2019 20:08

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

If you win (and this case looks very simple, as these things go) you'll get your costs.

limitedperiodonly · 30/01/2019 22:10

It is exhausting dealing with people like this. I think the OP should do it because it seems that it may be simple and it's worth spending money on a solicitor who will be able to advise her as to the merits. But if it gets bad, it's not easy, and I say that as someone who won

Housemum · 31/01/2019 08:49

Hopefully, it won't come to taking to court as a solicitor's letter and the threat of legal action might be all that it takes. CFs probably are chancing it and hoping to bamboozle the OP into agreeing.

Boysgrownbutstillathome · 31/01/2019 12:28

Sounds like the law is on your side. Looking forward to reading the outcome.

billybagpuss · 31/01/2019 22:15

Hope your week hasn't been too stressful OP

24steve · 01/02/2019 06:36

Hi
so many people have this problem I have had it twice!!!, still going through one, the best advice is to get a good solicitor you can try www.solicitors.com or the lawsociety.org, try a few and appoint one you feel happy with, make sure you get together as much evidence as you can dates etc and ask them to write to the neighbour also mention that you intend to claim all fees.
it has become a bit of an urban myth how people can just take land, it used to be the case but things have changed and there is more protection for land ownership, to think that they can claim it because they have fenced it and cleared some trees over the past couple of months is a joke.
you should stand up for your rights and they need to be told in the strongest terms if they 'your neighbours see an angle they may try to involve mediators that way they could try to obtain some part of the land so be careful, and involve the solicitor on every step.
I hope it works out ok for you, I have a passion of hate for anyone that tries to obtain land in this way, also look into what happened when the land passed from your grandad to you and your sister, see what the solicitor did at the time re-registration.

CanuckBC · 01/02/2019 23:17

I hope you have been able to get appropriate legal advice.

Foxandthehound · 02/02/2019 00:41

Good luck op

MadameOvary · 02/02/2019 20:58

Placemarking and hoping the OP can get excellent advice.

buckeejit · 02/02/2019 21:07

Oh I am so angry on your behalf OP. FWIW my pil have a field beside them in lovely village & think fil wanted to buy a bit but landowner wanted to keep it for development.

He was a bit annoyed with my fil anyway & years ago put a big manky old tin trailer near their house so they have to look at it every day!

Smartieshavetheanswer · 03/02/2019 10:39

hmm let me guess, cf have a wood burner.

Xotyl - Yes! I'd definitely agree with you. Sorry OP for taking up another post - I don't want to clog up your thread, but this would certainly be a motivation in them cutting down trees. Imagine if these are the trees with the TPO?! Dear God! What absolute idiots.

I know it's been mentioned OP, but please protect yourself and pursue the TPO issue alongside the land ownership factor. Take photos, movie clips as evidence. If these CF'ers are lopping trees for their burner, it's an ongoing issue and you may find another one has come down in the lifespan of this thread. You don't want this resolved and the. YOU getting slapped with a hefty prosecution for cutting trees that are TPO marked. Good luck.

I'm Shock

TwittleBee · 04/02/2019 05:46

Sorry I didn't update sooner!

Sister got some legal advice on Friday and I didn't update sooner as life got a bit hectic!

Anyway, solicitor said they have no chance and a letter should be sufficient and now we have on record woth a solicitor that we are interested in our land the neighbours really have no chance at all.

Letter has been sent, asking for our land to be restored immediately before we seek further legal action so we shall go down there on the weekend to see whats changed.

OP posts:
BoomBoomsCousin · 04/02/2019 06:02

Glady you sought legal advice. Good luck going forward.

WhiteDust · 04/02/2019 06:19

CF

Flashinggreen · 04/02/2019 06:26

Great update, I hope that will be the end of it for you and your sister Twittle.

flumpybear · 04/02/2019 06:27

Pleased you got a good solicitor in your case - good luck with those CF land stealing neighbours

SoupDragon · 04/02/2019 07:32

Good update!

BreakfastAtSquiffanys · 04/02/2019 07:36

Have you contacted the Council re the TPO trees?
You don't want to be held liable for any damage the neighbours have caused without your knowledge or consent

ThanosSavedMe · 04/02/2019 07:37

😁

Weenurse · 04/02/2019 07:37

I hope they have restored things

ChrisjenAvasarala · 04/02/2019 07:41

I bet your solicitor was bemused with their behaviour!

By the sounds of it, these people are proper entitled idiots so is your solicitor spelling out to them in idiot-proof language that they have zero legal rights to the land and have, in actually fact, committed an illegal land grab? I honestly don't think people like that care about just being told off; hopefully your solicitor can be firm enough to scare them!

MishMashMosher · 04/02/2019 07:56

Glad you've started the process.I bet you wish you could see their faces reading that letter Grin Honestly I can't believe the cheek of some people.

Xenia · 04/02/2019 08:09

Do make sure you visit at the weekend and make your presence felt even if just to leave an old chair you don't want or put a bit of string around a few trees or even a hand made sign "private land email x for details" laminated and pinned up (you could get an anonymous email address as the contact even.)