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?

[mobyduck]

I think you have lost it. it has been neglected for decades and they have started to do something with it without anyone noticing- I think there is some planning rule that means it is theirs by default now.

[peridito]

So glad you have deeds (hope they are not ambigious ) .

The land grabbers sound bonkers .

I know a lot of posters are suggesting a DIY approach but I don't think you should .Some solicitors will give a free 30 mins advice .I don't think it will be an expensive process as the neighbours can't claim possession by sticking a fence up for a few months .

If you want to research first I much prefer Lemon Fools for legal advice ( it is mainly about investment but has a good legal section )
www.lemonfool.co.uk/viewforum.php?f=2&sid=92d56c77755680295423a6ce40997a55

[BlackCatSleeping]

They definitely haven't lost it.

Let's say my neighbors go on holiday for 2 months. I can't just put a fence around their garden and claim it as my own even if it was neglected.

[MereDintofPandiculation]

We did tell them we had the deeds to the land but they said that didn't mean anything as they now looked after it and had fenced it? That would mean that if you tended your elderly neighbour's garden you could start claiming it as yours!

I think you have lost it. it has been neglected for decades and they have started to do something with it without anyone noticing- I think there is some planning rule that means it is theirs by default now. She has noticed. She's been visiting every couple of months, the fence has gone up since November. The planning rules relate to adverse possession and other posters have been explaining those.

[gaia]

As others have said, the first thing I would do is check your TPO then contact the tree preservation team at the council to let them know someone has trespassed and cut down trees. Then just remove the fence and return it to them. It isn’t their land so they have no right to fence it, I certainly wouldn’t leave the fence in place for any longer.

[nottakingthisanymore]

Op- whatever happens PLEASE UPDATE. I don’t want it to be one of those threads when we never find out what happened in the end.

[Biologifemini]

They been watching ‘hampstead’ and missed the point.
I’d take the fence done myself and send a strongly worded letter!

[Hoopaloop]

Moby, if the land is now forfeited (it won't be), I'd be finding a small, quiet area on their property and putting a small fence around 1m2 or so, perhaps using playmobil plastic fences. Then I'd play the long. Maybe I'll expand the fencing to 2m2. Eventually, I'll have enough space to fit a concrete base large enough to support a flagpole. Then I'd raise the flag printed with dicks.

[MNOverinvestor]

Shamelessly placemarking for an update on this shameless behaviour...

[Hoopaloop]

*play the long game

[Iloveautumnleaves]

Deluded muppets.

I would have been cross enough at the fencing, but the clearing and tree chopping would have made me furious. I’d be pushing the compensation to the max.

[lottiegarbanzo]

Legal advice pronto. Of course they can't do this - at least so fast.

But, woodland needs active management. It's not a good idea to leave it alone, then think only of camping. Even the 'ordinary wildlife' that lives in an unremarkable piece of woodland relies on regular intervention, especially with a small wood. In that sense, the neighbours have done the right thing (though they probably wanted firewood, coppice materials and the adverse possession too!).

Once you've resolved the legal issues, get yourself some advice from the Foresty Commission and look up the local Wildlife Trust and the Woodland Trust for management advice. There may be small grants you can claim, if you undertake the right regular work. Or, they can advise on the most wildlife-friendly approach to benign neglect.

[JohnnyKarate]

Wow some people have no shame! Good luck OP I feel you may need it!

[SoupDragon]

Absolutely notplacemarking.

Cheeky fuckers!

[Aridane]

Legal advice!

[lottiegarbanzo]

Btw, the one time I needed a litigation solicitor, they acted on a no-win-no-fee basis, because they'd assessed the case as winnable. We 'won' (out of court settlement), they got paid. These were reputable solicitors I approached, not ambulance chasers.

[Greenkit]

Actual CFF

[Hoopaloop]

In that sense, the neighbours have done the right thing

You have absolutely no idea how the neighbours have managed the woodland.

[TwittleBee]

Okay just to update. We will be seeking legal action asap this week and shall get someone in to secure the woodland from the neighbours and put a gate we can access into the fence.

We shall also investigate to see exactly what has been ripped out.

Bit nervous about the TPOs!

Surely if they have been felled then a felling company would have checked first or at least have records that it was the neighbours that contracted the work and not us?

I will provide updates as progress is made

[MeetJoeTurquoise]

I need to know what happens here.

I'll be informing my father too that he wasted money doing things the legal way when he took over some abandoned land, he could've just said it was his!

[ItsAllGoingToBeFine]

With that level of CFery I wouldnt DIY but go straight in with a lawyer and aggressively. (And keep the fence they kindly erected for you ).

[JudgeRulesNutterButter]

Op- whatever happens PLEASE UPDATE. I don’t want it to be one of those threads when we never find out what happened in the end.

^^ This!

[Lollyice]

Our neighbours used some land at the bottom of the garden as an allotment. After a couple of years we did the same. It belonged to the railway and was eventually sold off.
Our neighbours kept their plot as they had proof they had tended it for 12 years. We lost ours as we had only had it for 10 years.
Your neighbours are out of order. Go and take the fence down.

[JudgeRulesNutterButter]

Oh sorry OP, cross post