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AIBU?

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Original poster

Twittlebee woodland saga continued

148 replies

TwittleBee · 12/04/2019 11:51

Here is a new thread as requested!
(link to old thread here)

To answer a few questions from last thread...

We haven't any photos, that I am aware, of the woodland over past 10 years. If we do they will most likely be unidentifiable as our woodland anyway. But Google Maps/Earth has been something we have already looked at and it is pretty clear I think that there hasnt been any clearing since recently, especially from the road side view.

We havent been confrontational and havent ripped down the fences because we really didnt want to get prosecuted and as stated previously, this man is pretty intimidating. I wouldnt be surprised if he had a few mates that could back him up; I think that is why our other neighbours arent wanting to get involved now (or perhaps they really are just happy with the money offered and cant be bothered to be involved?).

There is no planning permission for the woodland - but if there was wouldnt the CF need to present us with a Notice and complete a certificate anyway?

Title information is all updated and correct but hadnt thought about contacting Land Reg ourselves direct about this. Tbh we have been rather reliant on Dad's our solicitor.

We have instructed our solicitor to respond accordingly to the letter stating that this is our land still and contest their claim etc.

Really appreciating the support btw!

OP posts:
Original poster
TwittleBee · 12/04/2019 20:49

I'll certainly get in contact with Land Reg, shall I do it via my solicitor? Just feel like maybe I should check with him first?

Just as this has cropped up a bit now, we have already written to the CFs to remove the fences. It was one of the first things we wrote about via the solicitor (along with stating it was our woodland).

Do love the suggestions of these MN woodland outings haha!

OP posts:
Emiliemoo · 12/04/2019 20:59

I rarely post on mn and much prefer to lurk but just wanted to post and cheer you on OP! I missed this thread the first time around but have tried to catch up on your updates at least. There is no way the CFs can get away with this!

Fiveredbricks · 12/04/2019 21:03

Rip down the bloody fencing ffs! The longer you leave it up the more rights they will claim they have. Get it removed and put your own up. You cannot be prosecuted for removing fencing on your own land 🙄

Speak to the police, advise them you believe the person trying to steal the land will become violent and agressive due to past behaviour. Document it ALL.

Stop being daft and stand up for yourself 😳

phlebasconsidered · 12/04/2019 21:06

I have bugger all on over May half term, and am happy to park up in a tent with a couple of kids. I can probably muster more as well. ACFF! (ANTI cheeky F Festival!)

JohnRokesmith · 12/04/2019 21:25

You should contact HMLR directly; you have a better idea of the circumstances of the case than your solicitor, and you are more likely to achieve a better outcome if you make the approach as an aggrieved RP.

Notwiththeseknees · 12/04/2019 21:34

I don't think it can hurt to write direct to the LR. You will need the registry number, which you probably already have from the probate. Send them a letter stating you and your sister are the registered owners (copy of title, copy of probate/will, and weirdly your marriage certificate (I assume it is registered in your married name) to prove who you are (my own correspondence via solicitor needed that) and explain the situation and that you are notifying them as you believe they are attempting to reregister your land (I wouldn't mention them claiming AP at this stage) and wish to give notice that your land is remaining yours.
I am not even slightly legally qualified though and this is based on how they have dealt with my tiny two parcels of land and this is what I would do.
Huge congratulations on both bump & new job BTW!

saturdaynightgin · 12/04/2019 21:53

I work at Land Registry on a team that deals with Adverse Possession claims, admittedly only at a junior level, so only know basics.

If you have the title deeds then you have nothing to worry about. If CFs tried to make an application for AP, a survey of the land would be requested by a casework, and Ordinance Survey will report back with details of boundaries, ages of fencing etc. Then notice would be served on neighbouring land/property owners to give them a chance to object. Any objections are referred to the lawyer teams.

Give LR a ring on 0300 006 0411 and they’ll be able to give you more specific info.

If your woodland isn’t registered, then I suggest doing this ASAP, and in the meantime, submit an application for a caution against the title to prevent anyone else from easily claiming the land as their own.

JohnRokesmith · 12/04/2019 22:02

Do not write to the Land Registry; you need to actually speak to someone. You do need to mention the attempt at adverse possession, too, otherwise you are wasting everyone’s time. You are unlikely to be required to provide any documents at this time, and you will never be required to provide copy of title (for what should be obvious reasons).

Whilst I do not want to go too far into my personal experience, I used to work for HMLR, advising case workers on fraud issues (including fraudulent adverse possession claims).

HeyNannyNanny · 12/04/2019 22:32

I'm back in the UK for the May half term and I have a lot of tents, and know many scary looking burly men that we can fill them with reason enough for a woodland party

PersonaNonGarter · 12/04/2019 22:36

Keep going through the solicitor, including to the Land Reg.

The advantage of this is that not only are you getting good advice, but you won’t overstep.

ThatssomebadhatHarry · 12/04/2019 22:37

TwittleBee Fest summer 2019. Grin

Pinkyyy · 12/04/2019 22:40

Wow, I can't believe they're really pushing for this. I'd have lost my temper with them by now!

BobBobBobbingAlong · 13/04/2019 08:51

I'm up for the camping weekend too.

NicoAndTheNiners · 13/04/2019 08:56

I just hope this doesn't drag on for years for you. I'm sure eventually it'll be sorted.

Notwiththeseknees · 13/04/2019 09:01

Glad you have got some real life advice from LR experienced bods. Only reason I said don't mention the AP claim at this stage is many Government Agencies seem to back off from being involved in potential legal disputes and obviously I didn't realise the extent of the LR remit. TBH, I wish I had contacted them now at the start of my own dealings!!

GurlwiththeCurl · 13/04/2019 09:13

I remember your diagram from the previous thread. Am I correct that the piece of woodland that you own is between the CF and the piece owned by the nicer neighbours? If that is right, surely the CF will not want the smaller piece when you get back the full ownership of your woodland?

I am not sure what impact this would have, but do the nicer neighbours know this?

safariboot · 13/04/2019 10:13

There was a diagram? I missed that.

Original poster
TwittleBee · 13/04/2019 10:30

Yeah you are right with remembering that GurlwiththeCurl and we also assumed it would mean the CF wouldn't be interested! But maybe the neighbours think the CF will win?

OP posts:
RandomMess · 13/04/2019 11:20

I think the neighbours are just too intimidated by them, perhaps they are planning to move and don't want to declare a neighbour dispute?

Brahumbug · 13/04/2019 12:23

Do you have deeds for the property? Is the land registered?
"The first step in claiming adverse possession is showing proof that you have made all efforts to contact the landowner and have received no response"
That is completely false, if you are trying for A then you wouldn't contact the owner, you have to demonstrate that you have been in possession of the land for 12 years, exclusively, openly and without force or permission.

If the property isn't registered then do it NOW.

ineedaholidaynow · 13/04/2019 12:30

Maybe OP you could tell the nice neighbours to contact the Land Registry like you will be doing. I know they feel intimidated by the CF but hopefully contacting the Land Registry may nip their claim in the bud.

SoupDragon · 13/04/2019 12:30

Can we club together to buy the corner from Nice Neighbours?

kyles101 · 13/04/2019 14:05

Jeeze @TwittleBee just seen this!! As if it's what you need going on!!

We had issues with an intimidating neighbour recently, basically wants to do whatever he wants with scrubland next to our yard, however no planning permission etc etc. Council got involved and ordered him to return land to original state, he was apoplectic and kept harassing dh, then a couple of them cane to our house late at night, hoods up the lot, when I was at home and tied to intimidate me. Anyway, he's backed off now and all has gone relative quiet so I do feel your pain with CFs.

Please don't let them get away with it - it does sound like it might get expensive though, could you set up a crowdfunding page to raise some funds to help with the legal fees? It's so unfair I'm sure hundreds of people would get behind you and make small donations which will add up. You could donate anything left over after resolution to the woodland trust or something similar?

Actually makes my blood boil - I'm deffo up for a Mumsnet mass demonstration 😉

Meandwinealone · 13/04/2019 21:50

Agree with someone else
You should buy the corner off the other neighbour

MaggieFS · 13/04/2019 22:03

Oh my goodness, what an update. The CF!