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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:
LakieLady · 08/02/2019 10:23

Perhaps remove them and pile them up at the edge of the wood, and put a note through their door advising them to come and collect the fencing, or it will be burned.

I'd hate you to be done for fly tipping, Twittle!

TwittleBee · 08/02/2019 10:28

oh I didnt even think about Fly Tipping Lakie but that is a very good point to consider. I better pass that to Dad.

OP posts:
ilovetrees30 · 08/02/2019 10:29

I am not sure if its been mentioned but if they have cut trees down and they are big enough they may have broken the law under the forestry act. If they have cut big trees down get in contact with your local woodland officer in the forestry commission

iknowimcoming · 08/02/2019 10:34

I'd check with your solicitor about what to do if the fences haven't been removed yet (there's probably a period of time that would be reasonable for you to expect them to sort it out and I doubt it would be a week) - I'd want to be 100% squeaky clean on anything to do with this if I were in your shoes just in case it escalates. Also I'd definitely get your dad to check if any trees with tpo's have been removed and get in touch with the council if so - you don't want the blame (or the fines) for it if so. Good luck!

RevRichardWayneGaryWayne · 08/02/2019 11:38

I don't think it counts as fly tipping if you are returning their property tha they left on your property? Although might be worth asking the your solicitor to check just in case.

Either way, I personally wouldn't start removing fences - I'd want that done by them or at their expense. You shouldn't have to lose your weekend fixing someone elses mess!

Xenia · 08/02/2019 11:53

In fact might be nicer to buy their fences for say £100 and put your own rivate signs on the fences and make sure there is no way from their land on to your newly fenced land. Seems a pity to waste the fences and useful to fence it to stop the public intruding anyway and might stop local young people lightlng fires on it that might disturb the neighbours and that kind of thing.

Bluelady · 08/02/2019 12:49

Who wants to be nice? Cause them the most inconvenience possible.

Raindancer411 · 08/02/2019 13:31

Ask your solicitor for the next step if it isn't down

ChristmasFlary · 08/02/2019 13:35

Xenia has a good point. It will also be more expensive to erect your own fencing anyway - which probably is needed in light of what has happened

HeyNannyNanny · 08/02/2019 13:37

👀🍿

SchadenfreudePersonified · 08/02/2019 13:41

Is there a right of way through this woodland?

It may be that fencing it off isn't an option even for the TRUE and LEGAL owner.

Bluelady · 08/02/2019 13:45

If the owners of the woodland had wanted it fenced they'd have done it. I'm sufficiently bloody minded that I'd make the cheeky bastards remove theirs even if I subsequently replaced it.

BlackAmericanoNoSugar · 08/02/2019 13:46

I think offering a small amount to buy the fencing is a win-win. Either you end up with fencing at a bargain price or the CFs will be determined that you won't benefit from their fences and will remove all of them, saving you the labour.

billybagpuss · 08/02/2019 13:55

Good luck to your Dad this weekend, hope this wind lets up for him its horrid.

I'd be surprised if the fence has been taken down, they wouldn't have received the letter until Monday/Tuesday at the earliest. Does your Dad have a plan for access if they haven't?

RhubarbCrumbled · 08/02/2019 14:27

.

DartmoorDoughnut · 08/02/2019 14:32

I want some woodland!

Jux · 08/02/2019 15:02

Dartmoor, there's usually woodland for sale near Uplyme, turn off the A35 at a village called Raymond's Hill towards Lyme Regis via Uplyme.

DartmoorDoughnut · 08/02/2019 15:34

@Jux sorry I should’ve been clearer I wish I had enough money to buy some woodland Smile

AryaStarkWolf · 08/02/2019 15:44

I think offering a small amount to buy the fencing is a win-win. Either you end up with fencing at a bargain price or the CFs will be determined that you won't benefit from their fences and will remove all of them, saving you the labour.

Oh very clever

stayathomegardener · 08/02/2019 15:50

Definitely don't negotiate to purchase or leave their fencing in place.

As reasonable as that seems it could allow them to stake a claim years down the line even producing receipts or images of them carrying out the work.

You would likely succeed in a counter claim but costs and stress levels could be high.

AryaStarkWolf · 08/02/2019 16:05

Definitely don't negotiate to purchase or leave their fencing in place.
As reasonable as that seems it could allow them to stake a claim years down the line even producing receipts or images of them carrying out the work.

Even if they had a receipt for the purchase?

Twickerhun · 08/02/2019 19:21

Op I’m errecting a Fence around this thread and claiming it as my own.

—————-

It’s now mine.

youaremyrain · 08/02/2019 19:31

It depends if the fence is on the actual boundary or not

MrMeSeeks · 08/02/2019 19:46

Why should op offer money, its their land Confused

Jux · 08/02/2019 21:14

Grin @ Twickerhun