Trees on unregistered land

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fozzie
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Joined: Mon Feb 11, 2019 3:41 pm

Trees on unregistered land

Post by fozzie » Fri Feb 15, 2019 8:46 pm

There is a strip of land at the end of my garden that shows up in the land registry as unregistered.

It has trees on it that are overshadowing my garden, so am I entitled to engage a tree surgeon and cut them down / prune them, if there is no owner of the land?

My intention would be more than cutting them to the boundary, as that would not solve the overshadowing. If the land belongs to no-one, it seems unreasonable to just have to put up with trees that will just keep on growing. I have spoken to the council, and they are not interested (as it is not their land) and there is no TPO or conservation area covering them.

Legally, what is the position on maintaining unregistered land?

Many thanks.

mr sheen
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Joined: Fri Feb 27, 2009 2:33 pm

Re: Trees on unregistered land

Post by mr sheen » Fri Feb 15, 2019 9:28 pm

Unregistered land is still owned by someone, it just hasn't got into the land registry system. The landowner has the right to grow trees on his land whether neighbours like them or not. The registered or unregistered status of land is irrelevant to ownership, all land is owned by someone.

You have the right to cut back overhanging branches to your boundary. The trees are owned by someone and if you damage them beyond your boundary, you risk legal action which could Be very costly if the owners insist that the trees are replaced by similar specimens and then there would also be big legal costs.

fozzie
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Joined: Mon Feb 11, 2019 3:41 pm

Re: Trees on unregistered land

Post by fozzie » Mon Feb 18, 2019 6:36 pm

If the land is not registered, how might I go about finding who the owner is, as I have been in touch with all the people that might realistically have a claim to it, and no one is accepting responsibility, so I have the situation where the trees are on land that no-one claims ownership of, but are causing a big nuisance.

If I was to put a sign up, how long should I reasonably wait before doing something if no one gets in touch?

ukmicky
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Re: Trees on unregistered land

Post by ukmicky » Mon Feb 18, 2019 7:19 pm

There are lots of unregistered strips of land and the owner is fully aware they own the land and would do everything required to protect their property.

There are lots of unregistered strips of land that are owned by someone but the land has been forgotten about or deeds lost and the real owner of the land will never be known.

There are lots of strips of land from many years ago that were abandoned by developers as they were of no worth or advantage and even if they still knew they owned it wouldn’t care what you did on it as they don’t want to take legal responsibility for it.

There are strips of land owned by entities who have no idea they own the land and never will .

What you do now depends which of the above it is and what risks you are prepared to take.

I had a small strip of unregisterred land beyond my fence that was spreading weeds etc onto my land and damaging my fences .

I did what I considered to be the right thing for my land and the other land .
Any information provided is not legal advice and you are advised to gain a professional opinion

span
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Joined: Sat Nov 06, 2010 1:34 am

Re: Trees on unregistered land

Post by span » Tue Feb 19, 2019 8:05 pm

Fence it off yourself and deny everyone else access to it. Make it look like you're moving in as a squatter and will claim adverse possession.

The owner will soon appear then to kick you out.

And if nobody does then after 10 years it's yours and do what you like then with the trees.

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