any advice about land !

Hi all

we live in a bungalow and at the back of us we have fields the farmer sold it to the council , to which they planted trees about 9 yrs ago which are now about 25 ft high and are hanging over our garden ! so need cutting back but they won't cut them due to been protected !! but my question is if we moved the fence back approx 2 meters could we get done for this ?

i have asked the council if we could buy some land from them but they said due to a public foot path which is 30 metres away they doubt it but if i send �£160 to them they will think about it ye right !!

quite a few people have done it on my estate ( but not up my street ) and just wondered if you think i would get away with it nobody has been within 10 metres of the land behind us since we have lived here 11 years only prob is that next door but one works for the council eeek !!

if we were care for approx 2 meters over a period then could we claim it as ours would that be better than moving the fence ???

 

Hi cattwoman25.

There is something in law which says if you "appropriate" or "maintain" land that is not yours for a certain period of time, it legally becomes yours. However, I'm not sure what this time period is 7-10 years, and it could vary from county to county. I think there has been a discussion here before regarding this.

What I don't understand clearly is that these trees are overhanging your garden and this seems to be a problem ... why do you then want to have them in your garden? They will create the same amount of shade or so you can cut them back. If the latter, you can legally cut neighbours' trees back that overhang your property ... but you must give them the branches back you cut off, ie, lob them into their field, but this may look a bit unsightly from your view!

I find it amusing you may not be able to buy the land due to a public footpath being 30 metres away ... public footpaths often run right through people's property!

 

Hi CW25,the last I heard,it was 12 years that if you were tending land or if a fence had been put up in the wrong place and you gained some land by the mistake you could legally claim the said land as your own,but as the law keeps changing I am not sure how you stand with it.

It would just be your luck to 'borrow' some of the land and plant it up and then the council find out what you have done,they wouldn't be best pleased....Good Luck with whatever you decide to do

 

heres are some pics which helps the fence is 6 ft but drops down at the back a couple of foot due to us builing up as you can see the trees are quite high the council has said they are protected and can not and will not be cut down but they will be as they are now shading my garden ! regardless to what they say beyond the trees is about 5 metres of trees/bushes so what i was thinking is moving my fence 2 metres back ? the council can't be bothered to deal with what they have planted so im thinking why should they be bothered in me wiping a small bit of land ?

 

I see what you mean,but it is like the people who build houses without planning permission and then the council make them knock them down.

We were given 3ft of land by mistake by the builders when our house was built six years ago,but my husband insisted in putting the builders on their mistake because he didn't want the buildersto reclaim the land at a later date when we had planted trees etc.Where they made the same mistake on other properties the builders let the owners keep the extra land.

Perhaps someone else on here will be able to advise you....

 

thanks for your reply candy and yes i have pants luck so that would prob happen , thing is the council have no intention of seeing to the trees that are removing our view and shading our garden and the field behind us only gets seen to once a yr (mowed) we live in a estate that goes round in a kind of shoe horn with a field in between us if you can picture it .

 

Have your neighbours either side of you borrowed any of the land behind your gardens.If you suddenly move your fence back towards the trees won't it look a bit odd?

[ 13. July 2007, 08:02 PM: Message edited by: Kandyfloss ]

 

What you guys are talking about here is unlawful you know
Just be careful what you get yourself into .....

 

Thankyou for the advice Whis4ey.I have edited my bit because I don't want any come back on me for the advice given by myself.CW 25 would be better off talking to someone like you who may have some ideas on what route she could take,so as not to go against the Council.....

 

I have to say we went through a problem in Bucks with the council. We finally applied for a planting/maintenance license which cost �£18 ad infinitum.

Like you, whis4ey, I was involved in law and know the consequences if you get caught.

 

I'm willing to bet, that if the council wants to sell that land for building houses on then the trees would suddenly be, not protected.
Not really up on the subject, but, I thought most trees that had preseration orders on them were large, these look a bit shrubby and weed like to me.
I like trees but they dont look that interesting to me.
What are they?

 

I am having some difficulty with this one. The trees are protected so they can not be cut or pruned without consent according to the information provided. From your post the council planted them for a purpose, and that is why they are protected. It may be to protect users of the footpath from the effects of farming practice.

Looking at the height of them, the fact that they are not really overhanging the garden, and their decidous nature, I wonder what is the problem with them being there. Other than in the winter months when the sun is low in the sky, I have difficulty seeing why they should be considered to shade the garden - even if its north facing. And in winter their branches and twigs whilst not occluding the sun, provide winter interest.

I think the garden looks wonderful with the trees framing them - without them mmmmm.

In respect of taking land - be very very careful and ensure you seek legal advise. The costs of acting without could be high.

As a postscript, a householder in our village, decided to remove the trees in the verge opposite his house as they were spoiling his view, additionally as he regarded the land as no mans land to do with as he pleases - he dumped his garden waste on the verge. He will shortly be dealt with.

 

hi folks
thanks for all your input and advice im really not into breaking the law and for years the land behind me has never been touched apart from the odd mowing once a year if that but even thats still 20 ft away from the fence.

my neigbours hav'nt moved there fences and yes i think it would look a little odd i do know that across the other side of the fields one guy has moved his approx 7-10 ft and its very plain to see but thats been allowed ! he is also closer to the foot path than me .

as for the trees they do have a good side to them its very private from the back and also stops people getting over the fence as they are quite dence at the bottom.

but they make such a mess in autum my lawn is completly covered with the leaves you can't even see the grass , they also do block the sun out as it starts at the back left and moves round to the front during the day but no sun gets to the back half untill 2 o clock in the afternoon.

my other worry is as the council have refused to cut them down are they just going to be allowed to grow and grow ?

next doors have phoned them up due to the sun been blocked and been told that they can not be cut due to been protected .

i just think that the council can't be bothered to trim them if im honest but i wonder what they would say if i asked for someone to come and collect all there leaves from there trees every week i know that sounds a little silly but i can't think of any other way of getting them cut back ,

i don't want the trees removed but really think that they should be cut the ones behind next door but one must be at least 35ft high :rolleyes:

if you got this far without nodding off thanks for reading :D

 

Good morning Cat Woman

I may have been able to help BUT my son who is a ââ?¬Å?treeââ?¬Â man and knows the law inside and out, is away on a tour of the far east and I only get an occasional email. He will be back in UK in October if you can wait that long - but that doesnââ?¬â?¢t help you much at the moment. In the meantime, perhaps this link will explain things a bit clearer.

Tree Protection

As everyone has already advised, moving your fence back and ââ?¬Å?takingââ?¬Â land is not advisable. It is best to make a friend of the Council, not an enemy. As an ex-councillor myself, may I suggest you start at grass roots, i.e. your Parish Council. Get them on side and progress ââ?¬â?? through them ââ?¬â?? to your Town and District Council (even to County level if necessary - who will overrule any District Council decision - and enjoy doing so!). Donââ?¬â?¢t forget ââ?¬â?? you elected your local councillors so make them work for you.

I think I would also establish whether these trees are ââ?¬Å?Of special interestââ?¬Â or have Preservation Orders on them. They are quite different things. I once had a house with a tree in the front garden which was of special interest but was not protected by a P.O. which meant we could do what we liked to it without fear of prosecution - however we did OWN IT.

In your case, perhaps you could establish whether the trees closest to your boundary could be dangerous during strong winds or storms. Are they healthy? Is there any sign of rot or damage? If so, the District Council has an obligation to protect the public and deal with them. But, once again use the Parish/Town Council to help you. As for the leaves, well it isn�t much of an argument unless the leaves are blocking your drains and gutters each year.

The law on claiming land is very complicated and in truth benefits very few. Try this link from Land Registry.

Claiming land

Write polite but concerned letters and if you can get your neighbours to join you then you will have more weight to your argument. But I would not advise going in full guns blazing as no-one will listen to you and you will soon become known as a nuisance.

Remember the old saying ââ?¬â?? slowly slowly catchy monkey (or something like that).

Good luck.
K.

 

hi kryssy

superb many thanks for the info its very usefull

to be honest i don't think i will get anywhere regarding the land i did contact them a few years back offering to pay for it but they just wanted me to send money in so that they could discuss it and then say no again ,

as for the trees when your son does return to the uk any advise he could give would be great a few months won't really make much differance ,

my main thoughts are if the council won't maintain the trees and they are blockin out light in my garden and also coming over the fence could i possibly cut them back a little.

if i am honest i don't believe they are protect and i have no idea why they planted them there my only thought it that it hides the bungalows/houses and gives an impression of a nice area to walk through and not a housing estate !

im not sure but again many thanks for your information and taking the time to reply

lisa