Christmas Tree 4858 Posted August 5, 2009 Share Posted August 5, 2009 We live on a fairly modern estate (15 years) and the back garden is seperated from a farmers field in the following way. Our fence, 8 foot wide gap of trees planted when the estate was built and finally the farmers barb wire fence. Firstly, there seems no clear indication as to who owns this tree lined stretch. Secondly, these trees need pruning and sorting out as they well overhang into the garden keep reseeding themselves. Is there anything to stop me taking down my fence and adopting / maintaining/ snaffling this piece of land. Link to comment Share on other sites More sharing options...
Rob W 0 Posted August 5, 2009 Share Posted August 5, 2009 (edited) We live on a fairly modern estate (15 years) and the back garden is seperated from a farmers field in the following way. Our fence, 8 foot wide gap of trees planted when the estate was built and finally the farmers barb wire fence. Firstly, there seems no clear indication as to who owns this tree lined stretch. Secondly, these trees need pruning and sorting out as they well overhang into the garden keep reseeding themselves. Is there anything to stop me taking down my fence and adopting / maintaining/ snaffling this piece of land. In your title deeds there will be a plan with the actual boundary marked - on it there will be small "T" shaped marks - if the tail of the "T"'s is on your side it's your responsibility, if on his it's his. You can normally get a copy from the Land Registry website It sounds as if the fence was put up when the houses were built and EXCLUDE the trees - in which case it's probable (but not certain) that the trees belong to the farmer There are specific rules and regs about trimming overhanging branches if they DO belong to him - try Citizens Advice - but the easiest way is to wander round and ask him if he has any objection to you doing it TBH (but make a written note of time and date) Edited August 5, 2009 by Rob W Link to comment Share on other sites More sharing options...
Renton 22038 Posted August 5, 2009 Share Posted August 5, 2009 Pretty sure you can prune back any branches that overhang your land. Pretty sure you can't 'snaffle' his land though. Link to comment Share on other sites More sharing options...
Christmas Tree 4858 Posted August 5, 2009 Author Share Posted August 5, 2009 Cheers for the advice lads but the situation is that it appears not to be the farmers land, purely a boundary if you like put in place by persimmons when they built the estate, hence it seems to be no mans land! I am sure there is no law saying I have to erect a back fence, therefore if my fence was to dissappear, potential new hens would have a nice bit of land to roam!! Link to comment Share on other sites More sharing options...
NJS 4411 Posted August 5, 2009 Share Posted August 5, 2009 If its "no man's land" I'd guess it will belong to the Crown (or the church) they have a habit of having sly laws that benefit them. Link to comment Share on other sites More sharing options...
Fop 1 Posted August 5, 2009 Share Posted August 5, 2009 Cheers for the advice lads but the situation is that it appears not to be the farmers land, purely a boundary if you like put in place by persimmons when they built the estate, hence it seems to be no mans land! I am sure there is no law saying I have to erect a back fence, therefore if my fence was to dissappear, potential new hens would have a nice bit of land to roam!! If the estate has been accepted by the council then it's probably council land, or if it hasn't yet then it's probably still owned by the developer (and might be still even if the development has been accepted by the council). Quite often you can get away with snaffling such land, as no one really cares (although if there's trees there someone might), but on the other hand you don't really have a leg to stand on if they do. Dunno about if you just have no fence though (rather than moving your fence to encompass it) - a property conveyubermancer might know. Link to comment Share on other sites More sharing options...
Lazarus 0 Posted August 5, 2009 Share Posted August 5, 2009 http://www.boundary-problems.co.uk/ Link to comment Share on other sites More sharing options...
TheMoog 0 Posted August 5, 2009 Share Posted August 5, 2009 If you were to 'snaffle' the land by putting up a fence around it extending from you own and keeping it there for a certain length of time without anyone contesting it the land becomes yours by default - I can't remember how long the time needed is though, could 7 years, could be 15, not sure. Link to comment Share on other sites More sharing options...
Christmas Tree 4858 Posted August 5, 2009 Author Share Posted August 5, 2009 Cheers for the replies. Bit more research needed before the chickens roam free. That site looks a good Laz. Link to comment Share on other sites More sharing options...
Rob W 0 Posted August 6, 2009 Share Posted August 6, 2009 The Land Registry has all recent land deals - their map will show who it belongs to - I can't see a council taking responsibility for a row of trees bewteen two other owners - it must belong to someone The other tack would be to ge a copy of the original Planning Permission for the house and any conditions imposed by the council - such as "retaining the screen of trees" Squatters rights are a very long haul but it might be worth starting the process - time flies! Link to comment Share on other sites More sharing options...
johnthebrief 0 Posted August 6, 2009 Share Posted August 6, 2009 You can do a search at the Land Registry called an index map search - essentially you mark on the plan the piece of land you're interested in and they tell you who owns it. The length of time you need to occupy land unchallenged before it becomes yours used to be 12 years but has recently been changed so that it's now 10 years, but you don't automatically get ownership. See here I would strongly urge you to make sure whatever you do is agreed with the farmer - you don't want to get into a scrap with him - boundary disputes are notorious for being the most intractable and expensive kind of dispute you can get into It would be very strange if the developer had left a random strip of land round the estate - there'd be no advantage to them and it might carry obligations or complications for the future - it's far more likely that the land is either yours or the farmers, and the boundary on the ground just doesn't reflect that. Link to comment Share on other sites More sharing options...
Christmas Tree 4858 Posted August 6, 2009 Author Share Posted August 6, 2009 Thanks for the reply, going to get the land registry bit done asap. Link to comment Share on other sites More sharing options...
Rob W 0 Posted August 7, 2009 Share Posted August 7, 2009 (edited) You can do a search at the Land Registry called an index map search - essentially you mark on the plan the piece of land you're interested in and they tell you who owns it. The length of time you need to occupy land unchallenged before it becomes yours used to be 12 years but has recently been changed so that it's now 10 years, but you don't automatically get ownership. See here I would strongly urge you to make sure whatever you do is agreed with the farmer - you don't want to get into a scrap with him - boundary disputes are notorious for being the most intractable and expensive kind of dispute you can get into It would be very strange if the developer had left a random strip of land round the estate - there'd be no advantage to them and it might carry obligations or complications for the future - it's far more likely that the land is either yours or the farmers, and the boundary on the ground just doesn't reflect that. I strongly agree about the advice on disputes - search the web and you can see people who spend years and thousands of quid fighting over a coupleo f feet of land - and they sometimes turn nasty as well - several murders have occurred http://www.independent.co.uk/news/uk/home-...ess-541733.html A friend of ours lives right behind the incident in Brecon and reckoned they were all quite normal except about the hedge................... Edited August 7, 2009 by Rob W Link to comment Share on other sites More sharing options...
Christmas Tree 4858 Posted August 7, 2009 Author Share Posted August 7, 2009 Me and a mate have managed to get hold af a lovely big allotment so the garden extention is not needed and the hens will get a much bigger home. Even some rabbits for the kids I think . It's pretty overgrown but is in a lovely spot. Link to comment Share on other sites More sharing options...
Tooj 17 Posted August 7, 2009 Share Posted August 7, 2009 Me and a mate have managed to get hold af a lovely big allotment so the garden extention is not needed and the hens will get a much bigger home. Even some rabbits for the kids I think . It's pretty overgrown but is in a lovely spot. Where at if you don't mind me asking? Link to comment Share on other sites More sharing options...
Christmas Tree 4858 Posted August 7, 2009 Author Share Posted August 7, 2009 Me and a mate have managed to get hold af a lovely big allotment so the garden extention is not needed and the hens will get a much bigger home. Even some rabbits for the kids I think . It's pretty overgrown but is in a lovely spot. Where at if you don't mind me asking? lets just say south Tyneside. Link to comment Share on other sites More sharing options...
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