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Roots and trees on unregisterd land destroying my house and

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Re: Roots and trees on unregisterd land destroying my house

Postby Michael » Thu Jan 12, 2017 12:09 am

Fence it off and start your period of adverse possession. If no one comes forward who can prove they own it, do what is legally expected of someone in adverse possession and deal with the land as if you are the true owner, starting with the trees providing they have no protection orders.

If the council object to the fence because its classed as amenity land , its permitted development to fence in amenity land providing you don't change its use by removing your fence and incorporate it into your garden. You could however apply for planning permission because you don't have to be the paper owner to apply for planning permission ,just don't try it for Buckingham place.
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Re: Roots and trees on unregisterd land destroying my house

Postby Hairyloon » Thu Jan 12, 2017 12:24 am

dls wrote:You are entitled to cut any roots or branches which come on to your land...

If doing so would certainly kill the tree, then is that still allowed? If not, then where does one draw the line?

If the land is effectively abandoned then a better answer might be to properly reduce the trees: that should stop the root growth for a time, and perhaps even cause them to die back and shrink.
The main question against that is of whether that would constitute criminal damage, but isn't there a defence along the lines of doing something that one reasonably expected the owner would want done? I think I recall something like that.
Someone here will know and be able to provide the right reference.
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Re: Roots and trees on unregisterd land destroying my house

Postby dls » Thu Jan 12, 2017 7:35 am

There is a clear suggestion of a right of way over the land. If so, any attempt at adverse possession is a non-starter.

The cutting of roots which come on to your land may or may not kill the tree. If the tree is say twenty feet away then, it would be very unlikely to have that effect. We do not know.
Whether or not it kills the tree, the same right to cut the roots as they come on to your land exists. The greater caution is as to whether the stability of the tree is threatened.
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Re: Roots and trees on unregisterd land destroying my house

Postby Hairyloon » Thu Jan 12, 2017 9:30 am

dls wrote:There is a clear suggestion of a right of way over the land. If so, any attempt at adverse possession is a non-starter.

There is indeed, but there is more than a hint that the right of way may have been extinguished, or at least abandoned.

The cutting of roots which come on to your land may or may not kill the tree. If the tree is say twenty feet away then, it would be very unlikely to have that effect. We do not know.
Whether or not it kills the tree, the same right to cut the roots as they come on to your land exists. The greater caution is as to whether the stability of the tree is threatened.

You appear to be saying that you do have the right to kill a tree if it is trespassing.
If that is right, then why doesn't that mean you can pour weedkiller on the ground at your side?
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Re: Roots and trees on unregisterd land destroying my house

Postby tph » Thu Jan 12, 2017 4:40 pm

dls wrote:There is a clear suggestion of a right of way over the land. If so, any attempt at adverse possession is a non-starter.


I think the suggestion was that it used to be a public footpath rather than a right of way. If it was a right of way the suggestion would be to approach the Highway Authority as they would have a duty to maintain it. It May be worth the OP checking with the rights of way officer at the council to confirm the status.
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Re: Roots and trees on unregisterd land destroying my house

Postby atticus » Thu Jan 12, 2017 4:41 pm

Rights of way are not easily extinguished, even if unused.
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Re: Roots and trees on unregisterd land destroying my house

Postby Hairyloon » Thu Jan 12, 2017 5:33 pm

True, but if it is not used, then why would it prevent the registration of a possessory title?
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Re: Roots and trees on unregisterd land destroying my house

Postby dls » Thu Jan 12, 2017 8:06 pm

There is indeed, but there is more than a hint that the right of way may have been extinguished, or at least abandoned.


They cannot generally be abandoned.

Any attempt to register an adverse title over land with a right of way over it will simply be rejected out of hand by HMLR. It is one of the basic rules.
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Re: Roots and trees on unregisterd land destroying my house

Postby tph » Thu Jan 12, 2017 10:40 pm

Well if it is a public right of way the OP can write to the Highway Authority requesting the removal of any obstruction (In this case the trees). The Highway Authority then has 1 month to comply with the request.
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Re: Roots and trees on unregisterd land destroying my house

Postby Hairyloon » Thu Jan 12, 2017 11:39 pm

tph wrote:Well if it is a public right of way the OP can write to the Highway Authority requesting the removal of any obstruction (In this case the trees). The Highway Authority then has 1 month to comply with the request.

I didn't read into OP that the trees were obstructing the footpath.
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