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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Land issues with the church

4 replies

TheTruthWillSetUFree · 10/06/2020 13:33

Many years ago I bought some land diagram! from the diocese to extend my garden. This land is accessed from a public footpath to the church (shaded pink) across a piece of land that was unregistered with HM Land Registry. I made many enquiries about who owns the footpath land and was told by the diocese that it wasn't owned by them and St Hedwig's parochial church council said it didn't belong to them either. Now St hedwig's is registering it as their land.
I contacted the diocese who put me in touch with their solicitor. HM Land Registry said that it is the diocese that is registering the land.
The solicitor has said that it is St Hedwig's that is registering it.
I have always assumed the land belongs to the church/diocese. My concern is that there are some dangerous trees on the footpath and although I have written to the church they have not done anything about them. Some very large branches have fallen on the footpath and also damaged my property.

So, some questions:

  1. The lines between church and diocese seem very blurred, can anyone explain the legalities?
  2. What action can I take to ensure that the owner of the public footpath maintains the trees?
  3. If it is St Hedwig's rather than the diocese that owns the land, does that make any enforcement for tree maintenance more difficult?
Land issues with the church
OP posts:
Pitaramus · 10/06/2020 13:39

I wouldn’t worry too much about the distinction between the two. Just ask the solicitor for the name of the registered owner that will be going on the official title and their contact details. They will obviously have to get permission to give them to you but once you have them (whether that be the diocese or the church) then you can write to them about the trees.

Alternatively, you could write to the “legal owner of the land” and address it c/o the solicitor and they can pass it on for you.

Starisnotanumber · 10/06/2020 13:44

As its a public footpath the Local Authority in your area will have a footpaths officer.
They will be responsible for maintaining the right of way and may be able to take action if the footpath has become dangerous due to unsafe trees.

TheTruthWillSetUFree · 10/06/2020 13:58

We have tried to get the church to sort out the trees before and been ignored for many years. Someone on the parochial church council doesn't like us! Possibly the trees need felling, which could be very costly. What if St Hedwig's can't afford it?

OP posts:
mumwon · 10/06/2020 14:41

if its a public footpath& through their land & tree are dangerous & they wont do anything you contact council - they will check & if it is public access & the church is responsible they will have to pay (if the trees are dangerous) if they don't council can do the job & charge them & the Church wont be able to refuse

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