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AIBU?

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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:
XmasPostmanBos · 27/01/2019 09:28

I would do things officially despite the costs.

HJWT · 27/01/2019 09:30

Reading this gave me a headache it made me so mad 😂

Nativityriot · 27/01/2019 09:30

This thread is giving me chills that someone could just do that! What goes on in people’s head!!!! Photograph EVERYTHING with date stamps before you remove anything.

So is there no gate at all on the fencing? How do they get access to it?

Coalasblack · 27/01/2019 09:32

How you resisted the temptation to laugh in their face and say 'yeah thats not a thing' and then rip the fence up I don't know.

CuriousaboutSamphire · 27/01/2019 09:33

Don't be nervous. Just contact the council first thing tomorrow and tell them how shocked you are that this has been done on your land without your knowledge! Once you have explained the situation they will be helpful.

And yes. If you find that a tree with a TPO has been felled you can have some comeback on whoever cut it.

Ask the council's officer for his help with that too! You never know he may have time and inclination to help you chase it up. Some do, some don't. You won't know until you ask! When MIL had an issue with a neighbour hacking at an oak tree, hundreds of year sold, with a TPO our local officer was rushed off his feet, but allocated his trainee to work through the whole 'book' to throw at the neighbour. MIL was worried as the tree was on her property, but the officer was very clear she was not going to be held liable!

The tree survived... Smile

XmasPostmanBos · 27/01/2019 09:33

The funny thing is I was just thinking how lovely it would be to own a little plot of woodland. Didnt think of CF neighbours stealing it though!

Beamur · 27/01/2019 09:34

There is no way they can claim your land after 2 months simply by fencing it off. I'd echo all the advice about getting a solicitor to write to them. Once you have access check if they've damaged any trees with TPO's. Might be worth checking first to see how liability for that lies.
If the liability is with the person who has damaged the tree (rather than the landowner) then you could also ask your local Council for advice (about the trees not the access) as they can prosecute for damage to TPO'd trees.

C0untDucku1a · 27/01/2019 09:34

Absolutely disgraceful!

CommanderShepard · 27/01/2019 09:36

Definitely not marking my place or anything.

Such cheeky fuckery!

Percy11 · 27/01/2019 09:37

Outrageous behaviour. Good luck Op.

lottiegarbanzo · 27/01/2019 09:39

The TPOs will be on big trees. They've probably thinned out smaller saplings and maybe coppiced small trees.

If they have taken out mature trees, that's much more like / is theft, of valuable firewood. There are also regulations about cutting down large trees (you need to be a qualified person to do it). A reputable contractor will have checked for TPOs. So I don't think those are your going to be your issue here.

TheClaifeCrier · 27/01/2019 09:39

Oh my goodness. The cheek! The law is on your side OP. Personally I'd be going down there today and ripping the fence down. Could always call the police if they get aggressive.

AnnettePrice · 27/01/2019 09:40

What so many have failed to understand, it a wood. It’s not a bowling green.
It does not need daily, weekly or even monthly maintenance.
The perpetrators are totally chancing it or deranged.
If they are the latter then it might become a nasty battle OP, good luck.
Also, though it might be green belt now. There are plans in a lot of places to potentially add more houses around green belt area and sometimes into. The fact that it is land next to an existing property makes me wonder if planning permission could be granted on that land in a few years. Maybe about 12ish from now Hmm and these people are speculating.
OP, contact the council to find out what is going on, what are the plans for house building in the area for the future.
Depending on where this wood is, the perpetrators could be planning to steal land that will be worth hundreds of thousands of pounds if not millions.

RitaMills · 27/01/2019 09:41

Cheeky fuckers! I’m so angry on your behalf. Please come back and update us, genuinely interested in how this pans out.

Maelstrop · 27/01/2019 09:45

They can't just claim it because they've fenced it. It takes years and some legal action to claim rights. They're idiots. Investigate criminal damage to your property.

Aprilshowersarecomingsoon · 27/01/2019 09:47

Sounds like your neighbour is off their tree op!!

AlwaysSunnyInLiverpool · 27/01/2019 09:47

I read about a similar case near my parents recently (not involving a couple of months, a couple of years) , not only were the thieves told to put it right, as in, hand back the land, remove fencing and pay compensation so that it could be put back into the original state... It ended up with a criminal prosecution for the guy too because they were then convicted of some sort of intimidation by the police too (against the owner of the land who'd had to involve lawyers to get it resolved).

Good luck OP, these people are really just scumbags hoping to deprive you of your grandfather's bequest and your children of wonderful access to their own small bit of woodland.

Cuttingthegrass · 27/01/2019 09:48

Hope it's quickly sorted out.

Petalflowers · 27/01/2019 09:49

Wow, cf to the highest level.

Slipperboots · 27/01/2019 09:49

Amazing CF!

AdaMcGrath · 27/01/2019 09:49

Hi, I’m a former property litigator (moved practice because I couldn’t take this kind of CFery any more!)

You need a property litigator to look at this. The timeframe you’re talking about means they can’t have acquired title to the land. The amount of time needed is a bit more complex than others have set out and it depends on whether the land is registered at HM Land Registry or not and whe; it was registered there.

The fence is their property come what may. The advice would usually be send a letter with copy evidence of your ownership and tell them they are to remove the fence within x days (say 14 but it depends on how much fence there actually is and you need to appear reasonable should it ever end up in front of a judge). If they don’t remove the fence you do it making sure you don’t damage it and then put it back on their land. I’d then erect your own fence to make it clear where the boundaries are.

You’ll also need the solicitor to check the trees subject to the TPO. It you might be able to get that information yourself if you phone the local authority and explain what’s happened. Lots of photographic evidence is always really helpful.

Finally your Solicitor’s letter will be making it clear that if you have to bring enforcement action that they will be liable for the costs of that.

Hope that’s helpful. Cheeky bastards! My most favourite one l8ke this was a bloke in South Wales who put up a fancy wall over the course of a weekend to bloke access to a public road. He claimed it had been there for years even though my clients had photos of the access from a week earlier when there had been no wall at all. Some people just are CF. Good luck.

Oliversmumsarmy · 27/01/2019 09:50

We had this with a small bit of land that was attached to our house. We used it for 12 years without anyone saying we couldn’t. Then we applied for it to be a part of our property.
It was a bit of scrubland that just fitted our car on.
Nobody owned it as it was missed off all plans so it became part of the house.

I think they heard through the grapevine your dgf had died and chanced their arm that the ownership would be lost.

GooodMythicalMorning · 27/01/2019 09:50

Shock cfery at its worst

NoFucksImAQueen · 27/01/2019 09:51

oh my good how did you not rip their head off! some people really have a nerve I would definitely get any financial claim you can from them for cutting down your trees, the cheeky bastards

ohreallyohreallyoh · 27/01/2019 09:53

Shamelessly place marking. Sounds like legally you won’t have any issues, OP. Put it in the hands of a solicitor. Good luck.