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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
notapizzaeater · 27/01/2019 10:15

They can put as many bloody fences as they want but it doesn't make it theirs !

InfiniteVariety · 27/01/2019 10:15

25 years ago we had a problem with a neighbour who tried to move the border fence between our properties to take some of our land by stealth. As soon as we noticed we went to see him and insisted the original border was reinstated. The detail I remember was that if people do this sort of thing and it goes unchallenged for 12 years then the land becomes theirs. So it sounds as if you are well within that. Go to your solicitor immediately and start the process of reclaiming the land as yours.

JeezYouLoon · 27/01/2019 10:15

Good grief, what a cheek!

Legal advice, in your face CF - some people are unbelievable Shock

UpTree · 27/01/2019 10:16

Did they think that no one owned it? Everything is owned?!

MadeleineMaxwell · 27/01/2019 10:17

I would totally be getting some of those orange plastic temp fence thingies and boxing in their car. It's my car now, Dave!

FlipF · 27/01/2019 10:18

Please update OP. I find things like this fascinating. I’m obsessed with the GardenLaw forum.

It sounds like you should be fine but what a crazy thing for you to have to deal with.

I can’t see how you will have any problems as it sounds like the fences are new’ish and that you’ve been using the land recently. Does the fence totally enclose the land?

Info you could get before you see a solicetor. (TBH I’m not sure it’s necessary but you might as well have it to hand 💁🏻‍♀️)

➖Your deeds
➖Land registry info (get the details for his property too just in case their is something weird on it. They are cheap I’d get them just in case)
➖TPO info
➖Photos of the private land sign
➖Any receipts/info on work that has been done to the woods
➖Photos of fence -it will be obvious if it’s a new fence
➖You could try and find some photos of when you were there.

➖Ariel views of the land - try google earth and then click ‘HISTORICAL IMAGERY’ or the clock symbol for older images too.
➖Photos of any boundary markers that may have been surrounding the woodland previously, eg posts or ditches

Also, I’d write down the details of your conversation with the couple.

It seems like you shouldn’t have a problem but I can only say that as a layman. 😬 My knowledge is only based on gardenlaw forum.

AlpacaLypse · 27/01/2019 10:19

I'd so love a patch of woodland! not placemarking at all oh no...

HaulingFreight · 27/01/2019 10:20

CF

Darkbaptism · 27/01/2019 10:23

I’m fascinated that people actually do things like this. Good luck OP.

grumiosmum · 27/01/2019 10:24

Very interested in this as we have a similar situation - in our case the woodland owner is using a corner of our field which borders it. We are open about it, no fences, but he cuts the grass, and I wonder if we should have a legal agreement...

Good luck OP.

DeaflySilence · 27/01/2019 10:26

"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."

Glad to see your update, @TwittleBee. I had a similar experience once and, yes, it took a legal action (but was very much worth doing). Your CF might capitulate with the first lawyer's letter, mine sadly took about a year, but hindsight tells me I could/should have been much tougher Grin!

Am very curious to see how yours ends out, so hope you will keep it posted.

SawnUpLooRoll · 27/01/2019 10:28

I second the mass MN walk through your woods. In fact, we could make a point of picking up any rubbish blown onto your land.

MAINTENANCE!

greenelephantscarf · 27/01/2019 10:28

and op if you have calendar entries for visits to to woodland with your sister to show your frequent visits.

Holidayshopping · 27/01/2019 10:30

Blimey -what CF! How did the conversation end? Did it seem like they had been expecting it? Is the wood right next to their house?

Pugwash1 · 27/01/2019 10:31

They are being utterly ridiculous that they can fence your property and claim it as their own. Don't get in a panic. We had a similar (ish) situation. DH and I had a 50 foot long hedge removed from the side of our property when we were away for 6 months. Our neighbours erected a beautiful fence 2 inches from the side of our house the entire length of our property and took approximately a 10 foot wide by 50 foot long strip of land from us. In the space of 6 months they had built a new house (not kidding) and needed our land for access to it and to build it! He was an older, aggressive property builder and we were young. It got resolved very quickly. We ended up selling our property to him for far more than the going rate as otherwise he would have had to demolish his new build and return our land to it's original state. It only took a quick visit to land registry, the solicitor and some photos. I'm sure it will be resolved quickly.

JacksonPillock · 27/01/2019 10:32

I can't believe people actually do stuff like this!

ChrisjenAvasarala · 27/01/2019 10:32

Reading this opened mouthed.

But really, it doesn't matter what they are saying. They are wrong. It is your land; you can take legal action and they will be forced to pay your legal fees and pay to put right the damage, so pursue it all the way.

Good luck!!

longtimelurkerhelen · 27/01/2019 10:32

If you don't have any recent pictures of the land prior to the fence erection, go on Google maps and Bing maps ( they have different angles) and do a number of screen grabs of your land. It will be proof that the fence is a recent addition.

percypeppers · 27/01/2019 10:34

Great advice here. Definitely contact the Council tomorrow. Our tree officer would be over there in a shot if you mentioned trees being felled without permission..... Grin

Bringbackthestripes · 27/01/2019 10:35

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?

I am hoping they have cup down something with a TPO just so they get their comeuppance. (But obviously it would better if they haven’t and if they just remove their fence and left your land alone)

grumiosmum · 27/01/2019 10:38

Gobsmacked at Pugwash's tale !

3luckystars · 27/01/2019 10:40

Will they get into trouble?

Absolutely shocking carry on. I hope it gets sorted this week for you.

DobbyTheHouseElk · 27/01/2019 10:42

Pugwash that’s awful.

thecatsthecats · 27/01/2019 10:46

Sulking now because it's next door that backs onto woodland,not us. I'll never get away with taking both.

Harebellmeadow · 27/01/2019 10:47

Even though i know that the law of adverse possession was tightened within the last decade, prior to which you still needed 12 years of possession nec vi, nec clam, nec precario , i am still breaking out in a panic for OP. Get thee to a solicitor asap, do not attempt a DIY! There is a lot of case law and updates statutes on adverse possession and you will recover all legal costs.
OP please update us in the coming weeks because this is so interesting.

Wiki link included NOT as legal advice but for the interest of thread readers : en.m.wikipedia.org/wiki/Nec_vi,_nec_clam,_nec_precario

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