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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:
LakieLady · 10/04/2019 20:26

They are raising Cheeky Fuckerness to a whole new level! Given what NoParticularPattern has researched about adverse possession, I don't see how they can possibly win. Let them waste their money. Would you be able to get costs against them?

We definitely need to have that festival, that'll really piss them off.

Brilliant news about the new job, I'm really pleased for you.

littlebillie · 10/04/2019 20:40

You should crowd fund the action MN would see them off 😁

littlebillie · 10/04/2019 20:40

As a stand against CF

Alsohuman · 10/04/2019 20:47

So they’ve moved from “keeping it in order for a couple of months” to ten years? Seriously? I can’t see that they’ve got a leg to stand on. I hope if it goes to court the bullied neighbours will testify against them. As has already been said, they take cheeky fuckery to a stratospheric level.

Chocolateisfab · 10/04/2019 21:12

They will have no proof though will they? Have you photos previously to the fencing? I am packed for a family camping weekend if you are near the Scottish Borders op? We can land for a night at least!!

PCohle · 10/04/2019 21:17

I'm glad you've got a new job OP Thanks

I think their case sounds like total bollocks but I can totally see it's an effort and expense that's the last thing anyone wants, especially over a piece of land you may not derive much use from.

No doubt that is what the CF's are counting on.

Original poster
TwittleBee · 10/04/2019 21:22

Chocolateisfab it doesn't appear they have any proof! They're are just using when they bought their property as proof of how long they've been adjacent to the woodland and thus have maintained it. Sadly, not the Scottish border! Much, much further south!

Yes, completely agree with you NoParticularPattern and that was our understanding too from the start of all this! Which is why I am so surprised that they have a solicitor willing to roll this all out?

OP posts:
Jfw82 · 10/04/2019 21:25

Op please be on stand by to create us a new thread to keep the info going as I don't want to lose the updates on your story (silently cheering you on!)

Thehop · 10/04/2019 21:25

This is madness! They can’t possibly win!!

FANTASTIC job and bump news, congratulations

Chocolateisfab · 10/04/2019 21:26

I would consider going public. Local newspaper may be interested!

Honeypickle · 10/04/2019 21:26

@Twittlebee don’t worry too much about their solicitor’s letter. They have paid and engaged a solicitor and told them what to write! Obviously a solicitor won’t write something completely wrong to you, but they will cleverly put their clients case forward. They have been paid by their client to do so. Engage your own solicitor and write a stinker back. I think you’ll find it will go away . . .

Fiveredbricks · 10/04/2019 21:30

Solicitors letter is meaningless. Like most are. Threaten them with a claim of harrassment and use reasonable force if needes OP. Pitch up on the land if you have to.

Original poster
TwittleBee · 10/04/2019 21:32

Ah yes that might explain the odd phrasing Honeypickle . Their letter is very much expressing how all this is CF's desire/ suggestion. I wasn't sure if that's how they would word letters usually though.

Oh jeez, yeah this is filling up. I'll make a new thread tomorrow if need be.

OP posts:
RandomMess · 10/04/2019 21:45

They have written such a load of bullshit I would reply yourselves just with the facts...

safariboot · 10/04/2019 22:06

I wouldn't assume you'll get an easy win, sadly. The CFs are digging in. Since they've reportedly already gone for intimidation, I'd expect them to lie through their teeth to steal your land as well.

I read a story a couple of decades back about someone who stole land from neighbours, farms, even the highways agency. Producing loads of fake documents for it. It was a long and hard legal battle to stop the land thief.

marfisa · 10/04/2019 22:46

I'm amused that they've offered to buy your land for a nominal sum "as a token of goodwill." Snort. How very magnanimous of them (not!). The fact that they've offered to buy it at all suggests to me that they know they are trying their luck with the adverse possession rubbish.

Please please don't let them buy it! At least not unless you really want to sell and they are prepared to pay you what the land is actually worth.

I don't see how this could turn into a long expensive battle? Surely no court in the land would give them the time of day.

NicoAndTheNiners · 10/04/2019 22:51

Personally I'd represent myself. They can't prove adverse possession and surely they need to. Otherwise anyone could take over their neighbours garden and say they've been looking after it for ten years?

ThanosSavedMe · 10/04/2019 22:56

Wow, what has your solicitor said?

Congrats on the baby and new job

Deadlysinner · 10/04/2019 23:07

A nominal cost as it's "just" woodland?! Woodland can be so expensive! Many thousand! Woods4sale.co.uk shows just how expensive it can be!

Bookworm4 · 11/04/2019 00:01

If I was you I'd start using the land, get friends, family, MNetters to camp there.
These folk are bullies and think they can get their own way, for all you know they drew up the letter themselves. Your solicitor will surely rebuke their malarkey.

Sexnotgender · 11/04/2019 07:14

A nominal cost as it's "just" woodland?!

Indeed. If it’s just woodland then why are you so desperate to get your thieving little paws on it?

Original poster
TwittleBee · 11/04/2019 07:17

Wondering now if maybe they have plans to extend their current house as they really have cleared a lot more on the side closer to their house. But then again, I suppose that would be the side they would use more.

OP posts:
BreakfastAtSquiffanys · 11/04/2019 07:57

"Proving Exclusive Possession
The person claiming adverse possession must first of all be able to prove they had exclusive possession of the property or land for the minimum required timeframe as stated earlier"

"If for example the area was fenced of and only accessible to the claimant this would prove exclusive possession. No other person should have access."

"It must be proven that the land is not used or accessed by others. If land is used by other people then exclusive possession would not apply and a claim for adverse possession cannot be made"
(the above from a solicitors website)
They've obviously read up on the law but they are trying to push the time frame back.
Do you have any photos of a day out there, no matter how little detail, that shows you "using" the land.?

RandomMess · 11/04/2019 08:04

Clearly you can give a list of events/dates when you went for a walk/visited the woodland - how can they prove you weren't there?

KooMoo · 11/04/2019 08:15

I’m really cross on your behalf TwittleBee

They are acting really entitled and grabby!!!

How worrying that this situation has arisen in the first place and you’ve got to spend money on legal advice to fight your corner. You’d think having the deeds etc would be enough to send the cf neighbours packing!!

Great news on your job and bump front Flowers

May we have a new thread pls?