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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:
nometal · 07/03/2019 10:07

This happened to a relative a few years ago. Somebody extended their garden into woodland owned by him. He didn't notice and despite taking legal action, lost it. However, the reason that he lost it was that he had not objected within the given time frame.

SaturdayNext · 07/03/2019 14:37

prettybird, I think you may have been a victim of a typo - IIRC you said she had posed elsewhere on MN.

prettybird · 07/03/2019 15:25

SaturdayNext - I contacted MN in confusion as I was sure my post had been pretty bland and they said it had been deleted in error and re-instated it. (And it was even blander than I remembered Wink)

SaturdayNext · 07/03/2019 18:16

So it has, prettybird, though the typo's still there. Maybe get them to correct it?

billybagpuss · 07/03/2019 19:24

Sorry to hear your news @TwittleBee good luck with the job hunting.

AcrossthePond55 · 08/03/2019 01:33

Sorry about the job!

As far as selling, would your sister be willing and able to buy you out of your share? Or would there be another family member who would buy it from you (after approval with your sister, of course).

Hoopaloop · 08/03/2019 07:02

Without wishing to put a dampener on it, you'd certainly need to declare a neighbour dispute where they've fenced off your land for their own benefit. You might be able to sell to a 'specialist' who thrives on drama though!

AdoreTheBeach · 08/03/2019 07:07

So sorry for you OP. Must be a more stressful time ow having been made redundant and feeling now conflicted about the woods.

Tottie · 22/03/2019 05:39

...

SchadenfreudePersonified · 01/04/2019 09:37

Just checking in - it took me ages to find this thread again among the 80,000 that I'm watching!

I'm sorry for your problems OP, but very glad that you have an ally to join forces with.

Hoping that you will have some good news soon. You really don't need this sort of stress when you are expecting - it's exhausting enough to start off with

Chocolateisfab · 01/04/2019 09:41

How about we all offer to set up a hippy style camp in the Woods? Lots of dc /music and fence removing tools?

Greenkit · 01/04/2019 09:56

Cf indeed

zoellafortitude · 01/04/2019 10:01

BrightYellowHat

Grin

Hope you get this resolved soon, OP. Outrageous!!!!

DartmoorDoughnut · 02/04/2019 07:08

Up for camping in your wood for most of Easter with lunatic children and dogs Flowers

SunshineCake · 03/04/2019 19:26

🌲

Greenkit · 09/04/2019 12:19

Have you managed to remove the fence yet and team up with the other neighbours?

Original poster
TwittleBee · 10/04/2019 19:30

Okay so it has been a while, apologies!

BUT I do have a significant update; they wrote back, finally!

They are claiming adverse possession as they reckon they have been maintaining the woodland for the past 10 years and using it as part of their extended garden!

The delay was due to them at first not wanting to engage at all and push for a title transfer but their solicitor clearly told them they need to engage.

Anyway, they have suggested they will purchase it from us as a token of goodwill but as it is "merely" woodland the sum will not be significant,

We are obviously contesting this as they have not been maintaining the woodland until recently.

OP posts:
BirdieInTheHand · 10/04/2019 19:32

Wow! They are clearly insane Shock

Original poster
TwittleBee · 10/04/2019 19:32

Oh should add that the neighbours who also had some woodland taken have said they are no longer willing to engage in any legal proceeding as they have been intimidated physically by the other neighbour and would rather take any financial settlement as they never really used it anyway! So that is bloody annoying but least I know I have been right in steering clear of going down there myself.

(on more positive news, I have now secured a brilliant new job who know I am pregnant and are super supportive and the pregnancy is going super well!)

OP posts:
Veterinari · 10/04/2019 19:34

Congrats on the job Twittle
Smile

Do keep fighting for your woodland - the CF can’t just pinch it!

Sexnotgender · 10/04/2019 19:35

Great news on the job and pregnancy!

And wow what cheeky fuckersShock hope you fight them all the way.

Original poster
TwittleBee · 10/04/2019 19:35

I can certainly see this becoming a rather lengthy and costly legal proceeding. Going to be a case of whoever has the most money will probably win by having the ability to keep going, urgh.

OP posts:
NoParticularPattern · 10/04/2019 19:56

Eugh that's annoying that they reckon they can claim 10 years maintenance. Although it’s clear they’re pulling a fast one and are quite literally the winners of “biggest CF to walk this planet”. However since they claim to have maintained the woodland for those years I presume they have records? Since it’s a complete impossibility to prove something HASN’T happened (ie you prove they haven’t been maintaining it) then the onus is surely on them to provide evidence that they have? Obviously it would be super helpful if you had detailed photos of the land from when you first acquired it, but photos alone would be unlikely to give enough meaningful detail in a situation like this (for example it would be easy for them to say they had “cleared” an area when the photos were simply taken in different seasons/years and so had naturally altered without any input from anyone). If they’d been maintaining it for the last ten years without any input or permission from either you guys or your grandad, they would have only ever been doing so with the intention of claiming adverse possession so should have known they’d need evidence and have catalogued their efforts appropriately. If they can’t prove their maintenance efforts then presumably their claim is null and void? I don’t think you can just fence somewhere off and when questioned say “oh yeah I’ve been maintaining it for 10 years but no one ever actually saw me and I can’t prove I have but still, mine!” There must surely have to be actual evidence? Or at the very least a lack of contention to their claim?!

Weirdwonders · 10/04/2019 20:05

You own the deeds to the land, how can this even be in contention? Some people are just unreal.

NoParticularPattern · 10/04/2019 20:17

Having just read the land registry’s advice on Adverse Posession I’m astounded that any solicitor has entertained their case when you read this (relating to how to fill in the form for making a claim:

“it must contain confirmation by the squatter that to the best of their knowledge the estate is not, and has not been during the period of adverse possession, subject to a trust (other than one where the interest of each of the beneficiaries is an interest in possession)
note that if, at any point during the period of adverse possession, the registered proprietor at the time (i) was dead and their estate was being administered, (ii) was bankrupt and their property was being administered by the trustee in bankruptcy or (iii) (being a company) was being wound up, the applicant must confirm (not necessarily in the statement of truth or statutory declaration, but in writing) that they wish to proceed with the application despite the fact that there is a view, as explained in the previous section, that in these circumstances a trust arises which prevents an application from being made ”

This isn’t even a point that’s up for debate. This is a rule that the land registry have in place thatabsolutelt does not change regardless of how much maintenance you may or may not have done. The land has been administered as part of an estate within the last 10 years (you said your grandad died 8 years ago?), therefore they have zero grounds for a claim even if they could produce evidence that they had personally named, attended to and trimmed every blade of grass and leaf on the place.