A sad, sad, day

[andrew1973]

Hi,

Am absolutely gutted. I have been cultivating a bit of waste land at the end of my garden for several years now (have attempted to add some pictures). Because some of my neighbours have complained to the local council I have been told that I am trespassing and have been given until the end of Sept. by the landowner to remove what I have....otherwise they'll do it for me.

I have spent time and money on this, and am very upset.

Anyone got any advice?

[zazen999]

Ask them how much to rent it?

Annoying isn't it?

[gojiberry]

Claim squatters rights.

[Snadger]

Or buy it if you could? If it had been council land and it was saving them work maintaining it and was kept tidy, they would probably have given you it!

[SlugLobber]

Aw, that's not nice. They clearly don't want to use it, or they would have by now. Why do people resent others' success so much? Do you know which neighbour and why they complained?

I would try approaching the landowner and renting it, as Zazen suggests, or asking for a compromise and waiting until the end of the growing season, if they want it back for their own use.

Snadger, wasn't there a case on here where somebody wanted to maintain a small amount of disused land next to their house and the council wouldn't let them (but were quite happy to let them mow/clear it!!!)?

[rogesse]

How long is 'several' years?

[ginger ninger]

Trespass is generally regarded as a civil wrong, not a crime; a 'Trespassers will be prosecuted' sign has no legal weight. A criminal proseicution can be brought only when an individual trespasser causes damage. So if they think making a garden where food is grown as " DAMAGE " it's a sad world we live in, GOOD LUCK, and keep your chin up. xx

[teakdesk]

Because some of my neighbours have complained to the local council

What were the grounds of complaint ??

Are the council the landowners ??

...and have been given until the end of Sept. by the landowner to remove what I have

That actually seems very reasonable to me - at least they are letting you finish the summer season first.




If you want to claim the land you need to prove the land has been abandoned by the landowners for many years.

However, if the land is unfenced you should agree to the landowner's request to leave the site - but ask them how they will maintain the land once you have gone. They must ensure safety to children etc so ensure the land is fenced, does not get fly-tipped, does not threaten your land or children by vermin, etc..

Offer to do it for them ?? Suggest they pay you to maintain the land ??



One other point, if the land adjoins your property do you have any rights to access (footpaths, property access, etc.) the waste land ???

Check all the old maps at the Town Hall, your property deeds, etc..

[WeeGarden]

Gosh, I'm really gutted for you. The plot looks absolutely fab.

I can only imagine that the neighbour was jealous of your use of additional land so raised the complaint. I can't imagine someone would want to look at wasteland rather than that. What a sad world...

[minicrank]

Get in touch with your MP too, government departments hate it when MPs get involved. I know I work for one.

[Edwardo82]

That's very nasty of the neighbours/landowners.

Definitely seek some free legal advice and investigate all avenues before giving up!!

I wonder why someone would complain about something like that, you have enhanced the land for god sake!! To be honest if someone would take that route initially they dont sound like very nice people.

Most decent grown ups would at least approach you first and come to some sort of compromise. Does the land have any potential development value? Might be what the current owners are thinking about.

Good luck and dont take it lying down!!!

[louisesgarden]

Its a really sad world we live in ! some people complain about the most ridiculous stuff, maybe you should have 50 barking dogs, hold a monthly rave, have a unruly teenager to egg their house, and repair bangers leaking oil everywhere on your front lawn ! that would give them something to complain about !!! its stupid what harm are you doing, clearing the plot and growing veg ! it infuriates me !

[COMPOST CORNER]

How long have you cultivated the land for? Get in touch with the land registry, you may have some rights as you have been using the land without any complaint from the owners so you may have a case. It has to be worth a phone call/e-mail.

[quark1]

I have to say that Teakdesk's answer is most comprehensive and sums up your options going forward.

Its a risk everytime you 'borrow' something thats not really yours that one day the rightful owner will want to claim it back. But as the rightful owner has now been found you at least have a point of contact with which to open up negotiations to buy/rent should you wish.

[rana]

I may be wrong but if you have 'occupied' the unused land for a certain period (I believe it is eleven years) then the right of 'adverse posession' kicks in. I'm no property lawyer and I wouldn't reccommend a confrontational approach but it may be worth checking out and using as leverage with the current registered land owner.