• Neighbours From Quite Far Away Stating We Are Not Allowed To Cut Down Trees On Land That We Have Pos

    By Guest on 13th Jan 2014

    We have recently purchased and moved in to our dream home but a large chunk of the land 1/3 acre wasn't on the original title so the owners who have lived there put in an application for possessory title, which has been granted and is now in our name as we purchased this separately. The problem is that we have 4 dead trees on this land and have started to have these taken down today as they are dangerous and we have 2 small children. One of our neighbours ( his house is not actually seen from our house) has been today threatening me and the guys doing the work on the trees saying this is common ground and we have no right to cut down trees. He kept stating over and over it was common ground but the title is in our name so I don't know what to do as he scared me?

  • 1 Answers

    By Guest on 19/01/2014


    Thank you for your question.

    From you say your neighbour appears to be claiming that the land in question is common land within the meaning given by the Commons Registration Act 2006. The first thing to do therefore is to check with the local authority. They may require you to submit a search request - they'll be able to tell you what you need to do if you contact the Land Charges department.

    If you establish that the land is not registered as common land or a village green then the next question is, has it been used by local people for recreational purposes for the last 20 years, or for a continuous period of 20 years ending within the last two years? If the answer is no (and the fact that your sellers managed to obtain possessory title strongly suggests that the answer would be no) then an application to now register the land as a village green would fail. If the answer is yes on the other hand then you should seek legal advice.

    Hope this helps.

    If you want to comment on this reply you will need to register, or email us at help@freeconveyancingadvice.co.uk.

    Best regards


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