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Roots and trees on unregisterd land destroying my house and

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Roots and trees on unregisterd land destroying my house and

Postby redapple » Wed Jan 11, 2017 3:53 pm

One boundary fence and part a of a concrete path in our house has been destroyed by adjacent overgrown trees and tree roots.
It is a narrow strip of land about six feet across before it meets my next door neighbours boundary wall. It appears to have been part of a public foot path in the past. The top part of this Land was given to a Housing association by the District Council. The lower part of the path was given to a football club by he District Council. In the middle is about a fifty feet stretch of land that has not registered ownership according to the Land Registry. It is this fifty feet of unregistered Land that has caused most of the damage destroying through roots part of the path and may damage the house itself in time. Both organizations already mentioned have been quick to produce land searches saying they are not responsible for the overgrown and destructive roots and branches because they are not the registered owners of this fifty feet strip of land.

Is it the District Council that are likely to be the original owners of this unregistered land . If not the District Council do we have redress against anyone to avoid the collapse of our house in years to come?
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Re: Roots and trees on unregisterd land destroying my house

Postby 3.14 » Wed Jan 11, 2017 4:03 pm

This is not legal advice but I would (in the middle of the night) kill the trees through the use of appropriate poison. Make sure that the trees are not protected first.
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Re: Roots and trees on unregisterd land destroying my house

Postby atticus » Wed Jan 11, 2017 4:18 pm

Contact the council and ask!
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Re: Roots and trees on unregisterd land destroying my house

Postby Hairyloon » Wed Jan 11, 2017 4:34 pm

If you lay claim to the land and are successful then it is yours to do with as you will. If the claim is unsuccessful, then that should provide you with a contact for who is responsible.
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Re: Roots and trees on unregisterd land destroying my house

Postby atticus » Wed Jan 11, 2017 5:11 pm

Think carefully. That is not a short term approach. It takes 12 years.
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Re: Roots and trees on unregisterd land destroying my house

Postby dls » Wed Jan 11, 2017 7:07 pm

You are entitled to cut any roots or branches which come on to your land.
Be careful in doing so to first check the eventual stability of any such tree. A proper tree surgeo could assess and assist.

Talk to your insurers. They might just take it on to sort it.

Identify the tree species. Different trees have differently shaped root systems. Some are wide and shallow and some are deep.

How close are these trees?

Saying that land is not registered to them says nothing about whether anyone in fact does own it.

When was the estate built? Who has yur own pre-registration title deeds.
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Re: Roots and trees on unregisterd land destroying my house

Postby tph » Wed Jan 11, 2017 7:40 pm

atticus wrote:Think carefully. That is not a short term approach. It takes 12 years.


The OP could put in a claim now. Given that the intention is to identify the owner (if there is one) such a claim would either flush out the true owner of the land or enable the OP to take control of the land and resolve the problem.
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Re: Roots and trees on unregisterd land destroying my house

Postby dls » Wed Jan 11, 2017 8:06 pm

Code: Select all
 such a claim would either flush out the true owner of the land


How? No

or
enable the OP to take control of the land and resolve the problem.

How? No
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Re: Roots and trees on unregisterd land destroying my house

Postby atticus » Wed Jan 11, 2017 8:08 pm

If he applies to be registered with a possessory title and cannot begin to demonstrate 12 years "adverse possession" the Land Registry will throw out the claim without anyone else ever finding out about it.
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Re: Roots and trees on unregisterd land destroying my house

Postby Hairyloon » Wed Jan 11, 2017 11:25 pm

atticus wrote:If he applies to be registered with a possessory title and cannot begin to demonstrate 12 years "adverse possession" the Land Registry will throw out the claim without anyone else ever finding out about it.

You can begin to demonstrate that by making a formal statement to that effect.
How, in this context does the law define "possession"? How does it define déjà vu?
I know that if he had grazed his horse there, then that would count, but what if he had walked his dog there twice a day every day?
If nobody else uses the land, then that might be enough.

We do not have enough information to properly comment: it might still be used as a footpath, or OP may not want the responsibility. It was a passing thought.

But on the information we do have, it appears clearly to belong to the district council: if they can give one end to a housing association and the other to a football club, then how is it that they don't own the middle?
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