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?

[ThanosSavedMe]

They are nuts. Let’s us know how you get on

[FabulouslyGlamorousFerret]

Are you sure they weren't 'tending' to it when your DG was alive?

[PotteringAlong]

Your local council will have a tree officer. I would also report it to them so they don’t think it’s you who has chopped the tree down

[ContraryToPopularBelief]

[BreakfastAtSquiffanys]

Contact the Council first and explain the situation.
You don't want to reclaim the land THEN find that they have cut TPO trees and the council hold you - as the owners - responsible

[percypeppers]

The Tree Officer at the Council will have a copy of the TPO.

Agree what everyone else is saying. They can't just decide to claim it as their own!

[maddening]

Wow cfs! You have some excellent advice from Pps!

[MrsFezziwig]

I’m not sure you even need to involve a solicitor at this point. Take the deeds with you. Show them to the couple and quote the relevant laws to them (particularly the bit about how long they need to cultivate it before having any chance whatsoever of taking ownership). Remove the fence & return it to them (although I’d be putting up my own fence sharpish). If they kick off, call the police.
And, although you shouldn’t have to, maybe keep a better eye on it in the future as this couple sound crazy.

[cushioncovers]

When did your GF pass?

What did you say to them when they declared the land as there's?

[LIZS]

You should be able to check which trees are subject to tpo's online on council website. For how lng has it not had attention? Is it accessible to public or have footpaths?

[Romanov]

I would go with a strongly worded solicitors letter, telling them to GTFO!

[percypeppers]

Contact the Council first and explain the situation.
You don't want to reclaim the land THEN find that they have cut TPO trees and the council hold you - as the owners - responsible

^ this

You can be fined up to £20k for cutting down or damaging a tree with a TPO on it.....

[ApolloandDaphne]

That's very cheeky. Can you go back today with the deeds to show them you own the land?

[MrsElijahMikaelson1]

How long it since they put the fence up?

[ChesterGreySideboard]

Go back and take pictures.
Do you have any pictures of what it looked like before?

[NicolaStart]

Does natural woodland need ‘tending to’?

Ok you can do things like coppice it and clear certain undergrowth, but supppse it is your wish to just leave it be?

[katykins85]

Jesus, the balls of them! Raging just reading this!!!

[Polestar50]

DrWhoLovesMe
It's a bit of a misconception that you just need to leave woodlands alone. Small woods especially do need to be maintained to keep them healthy. This often involves removing trees and can often look quite brutal! Fir example, if all the trees are similar age, it benefits the overall ecology to remove some and replant with young trees to keep a good mix of ages.

Also opening up small areas means that more sunlight reaches the woodland floor, enabling ground flora to flourish. Natural succession in these open areas will eventually lead to trees growing up and regenerating the woodland naturally.

Then there is coppicing, which provides useful wood for the owner and prolongs the life of the trees.

All of this work happens over winter when the trees are dormant.

Obviously removing trees with TPOs is another matter!

If you haven't already, you could join the Small Woods Association, a wealth of knowledge on managing small areas of woodland. They may also be able to advise on your current situation?

Hope they haven't done too much damage OP! And hope it isn't too much of a headache to reclaim your woods. I have some experience of adverse possession and all the advice you have had here so far is correct. They haven't got a leg to stand on.

[londonrach]

What deadbudget says. No its not theres and they need to pay to replace trees. Remove fencing and put own up and talk to lawyner and report damage to local council.

[Polestar50]

smallwoods.org.uk

[Eloisedublin123]

Surveyor here. They need to be prove they have been using the land for 12 years to make a claim. Or walking through it as a shortcut etc for 20 to claim the right to continue to do that.

[Dollymixture22]

They are stealing. Why do these people not understand this. Tell them you will be taking legal action against them.

It takes 10 years for adverse possession ( I’m no expert, your solicitor will advise). This is outrageous and you need to claim back your land.

They are entitled CFs

[Hazlenutpie]

How dare they? The cheek of some people! I hope you get sorted OP. 💐

[GinUnicorn]

Similar happened to my uncle a few years back. Long story short reported to council and got lawyers involved and he won. The neighbour was also ordered to pay his legal fees. It’s annoying but find a lawyer now- the threat of legal action might make them think twice. Massive pain but if you have the deeds it will be ruled in your favour if it goes to court.

[cuspish]

Laminate some notices that say

«Notice of intent to remove fence on «your property address» and reinstate to original condition. «

And attach to fence.

Thoroughly document the fence


Write a letter that says that you will be removing the fence ASAP, because it is on your property , and billing them for it’s removal.

Ask them to cease and desist their actions on your land. And state your intention to instruct a solicitor to pursue them for damages to your woodland.